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IlIBRARY OF CONGRESS.! 
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i UNITED STATES OF XMERICA ^ 



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DIGEST 



OF THE 



LAWS OF NEW-HAMPSHIRE 



PERT AENEf G ■ TO 



COMMON SCHOOLS, 



WITH 



LEGAL DECISIONS, FORMS, &c. 



PREPARED AT THE REQUEST OF THE SECRETARY OP STATE, 

AGREEABLY TO A RESOLUTION OF THE LEGISLATURE, 

PASSED JUNE SESSION, 1853. 



BY SAMUEL N. BELL, 

COUNSELLOK AT LAT». 



CONCORD: 

PUBLISHED BY G. PARKER LYON: STICKNEY'S BUILDING. 

1853. 







Resolvedj By the Senate and House of Representatives in 
General Court convened. That the Secretary of State he au- 
thorized to procure a revised edition of the Digest of the 
Laws of New-Hampshire pertaining to Common Schools, with 
legal decisions, forms, &c., and cause the same to be printed 
in such form as he may deem advisable ; and that copies be 
furnished for each public school in the State ) and the Secre- 
tary of State shall furnish to the several Town-Clerks in the 
State a sufficient number of copies for each school district in 
said town : Provided, the whole expense of a sufficient num- 
ber of copies for said purpose shall not exceed the sum of 
three hundred dollars. 

J. EVERETT SARGENT, 

Speaker of the House of Representatives. 

JAMES M. RIX, President of the Senate. 
Approved, June 29, 1853. 

NOAH MARTIN, Governor. 



COPTKIGHT SECURED. 



INTRODUCTORY. 



Pursuant to the foregoing Resolution of the Legislature, 
passed June Session, 1853, the following ^^ Revised edition of 
the Digest of the Laws of New-Hampshire pertaining to Com- 
mon Schools," has been prepared, containing the provisions of 
the Revised Statutes, and all the acts passed since which are 
now in force, with references to the decisions of the Superior 
Court of this State, and also to such of the decisions of some 
of the other New-England States as are applicable to the Laws 
of this State ; to which has been added a number of practical 
Forms, to illustrate the manner of proceeding, together with 
such explanations and suggestions relative thereto, as seemed 
necessary to render the Work such as was contemplated by 
the Legislature, and well calculated to afford aid to school dis- 
trict officers in the performance of their official duties. 

It will be seen that the arrangement of the Work is differ- 
ent from that of the last edition of the Digest, in this, that 
the references to decisions, forms, &c. are contained in the 
chapter to the subject whereof they refer, or are more immedi- 
ately connected ; and it is confidently believed that under this 
mode of arrangement the Digest will be found to be in accord- 
ance with the resolution of the Legislature and beneficial to all 
interested in the prosperity of our Common Schools. 

Manchester, November, 1853. 



CONTENTS. 



Chapter 1. Of the creation, division and powers of scliool 
districts. 

Chapter 2. Of tlie meetings and officers of scliool districts. 

Chapter 3. Of school-liouses. 

Chapter 4. Of scliool taxes and school money. 

Chapter 5. Of the regulation, instruction and inspection of 
schools. 

Chapter 6. Of high schools. 

Chapter 7. Of truant children and absentees from school. 

Chapter 8. Of schools in the town of Portsmouth. 

Chapter 9. Of the commissioner of common schools and 
teachers' institutes. 



CHAPTER le 

OF THE CREATION, DIVISION AND POWERS OF 
SCHOOL DISTRICTS. 



1. Town, how divided into dis- 

• tricts. 

2. Division must be territorial. 

3. Limits, how defined and altered. 

4. Selectmen may district, when. 

5. District is a corporation. 

6. Town not divided, how liable. 

7. Penalty for neglect to district. 

8. Property appraised on division. 

9. Allowance to be made, when. 

10. Districts may unite, when. 

11. Powers in case of union. 

12. Executions against districts. 

13. Forms and proceedings in dis- 

tricting towns. 

14. Application to selectmen to dis- 

trict the town. 

15. Application for appraisal of 

j)roperty, and proceedings 

16. Union of school districts. 



17. Inhabitants may be witnesses. 

18. Vote to raise money, when 

void. 

19. Evidence of acts of district. 

20. Powers of school districts. 

21. Selectmen may annex to a dis- 

trict out of town. 

22. Selectmen may form districts 

in two towns. 

23. Duties of selectmen. 

24. District to give notice in both 

towns. 

25. Persons annexed, to pay. 

26. Money, how assessed and col- 

lected. 

27. Persons severed, right to 

school and literary fund. 

28. Towns exempt from laws. 

29. Forms of proceedings. 

30. Taxes, how assessed, &c. 



1. Every town stall be divided by metes and bounds into 
so many districts as tbe public good requires, wliicli shall be 
distinguislied by suitable boundaries, and include all the ter-. 
ritory of tlie town. R. S. ch. 69, sec. 1 ; C. S. ch. 73, sec. 1. 

It is the duty of the selectmen to see that this is done 
forthwith, if it has not been done already, and to insert an 
article in the warrant for a town meeting for that purpose. 
The limits of the district must not be described by the names 
of the inhabitants of the district, but should be bounded by 
lines and monuments, as in a deed of land. 



6 CREATION, DIVISION AND 

2. A division of a town into school districts must be a 
territorial division, and not one merely by designation of in- 
habitants or householders. 13 iV. H. R. 139. 

3. At any legal meeting for that purpose, such division 
may be made by vote of the town, and the limits of such dis- 
tricts defined, and from time to time altered as convenience 
may require, a record of which shall be made. R. S. ch, 69, 
sec. 2 ; C. S. ch. 73, sec. 2. 

4. If any town shall neglect so to divide itself into school 
districts, the selectmen, on application in writing by ten legal 
voters, shall forthwith divide the town into districts, define 
their boundaries, and cause a record thereof to be made by 
the town-clerk within thirty days after such application. The 
town of Newington is exempted from this section. Ihid.y 
sec. 3. 

5. Every school district shall be a body politic and corpo- 
rate, and may sue and be sued, take, hold, manage, and con- 
vey real and personal property for the use of the district, and 
make and enforce all necessary contracts in relation thereto. 
R. S. ch. 70, sec. 1; G. S. ch. 73, sec. 4. 

The rights and powers of a school district within its limits, 
and for school purposes ; the right to the property of the dis- 
trict when divided, and the power to hold property, are similar 
to those of towns for town purposes. It may, by its treasurer 
or prudential committee, hold property as a fund for the ben- 
etit of the district school, and may require a bond for its safe 
keeping and payment. Districts are now by the Revised 
Statutes made public corporations, and are entitled to the 
rights and subject to the liabilities of such corporations. 

6. Any town, not divided as aforesaid, shall be considered, 
when necessary, as one district, and shall be entitled to all 
the rights, and subject to all the duties and liabilities of a 
town, and of a district respectively. R. JS. ch. 69, sec. 4 ; 
C. S. ch. 73, sec. 5. 

7. If the selectmen of any town shall neglect, for six 
months after application made, to make a division as afore- 
said, they shall forfeit a sum not exceeding one hundred dol- 
lars. R. S. ch. 69, sec. 5; C. S. ch. 73, sec. 6. 

8. When a new district is formed from one or more districts, 
the selectmen, upon the petition of a majority of the legal 
voters of such new district, shall appraise all the property be- 
longing to, and all the debts due by, each district so divided. 
R. ^. ch. 69, sec. 6 ; G. JS. ch. 73, sec. 7. 



POWERS or SCHOOL DISTRICTS. 7 

9. If the property exceed the debts, the selectmen shall 
assess upon the polls and -ratable estate of that part of the 
district retaining such property, a reasonable sum, not exceed- 
ing the proportion of the excess which the polls and ratable 
estates of the parts of the districts so divided bear to each 
other, and shall assess and collect the same in the same man- 
ner as school-house taxes, and cause the same to be paid over 
and applied for the use of such new district. R. S. ch. 69, 
sec. 7; G. S. ch. 73, sec. 8. 

10. Two or more contiguous districts, in adjoining towns, 
may, upon such terms as they shall think proper, unite in the 
support of schools, to be kept from year to year, so long as 
they agree, within either of such towns, for the common ben- 
efit of such districts ; and it shall be lawful for the pruden- 
tial committees of such districts, so long as such union exists, 
to expend in the support of said schools the proportion of 
school money assigned to their respective districts by the se- 
lectmen of their respective towns. R. S. ch. 69, sec. 8 ; O. 
JS. ch. 73, sec. 9. 

11. Each of the districts so uniting shall maintain its sep- 
arate organization, and may raise money to build, repair, alter, 
remove or furnish a school-house and other necessary build- 
ings for their common use, although the same be not built 
within the district raising the money ; and the money so raised 
shall be assessed and collected in the same manner as though 
it had been raised to build a school-house within such district. 
E. S. ch. 69, sec. 9 -, C. S. ch. 73, sec. 10. 

12. When an execution shall issue against any school dis- 
trict, a copy thereof shall be left with one of the selectmen 
of the town ; and the selectmen shall assess the inhabitants of 
such district in a sum sufficient to satisfy the same, and shall 
have the same authority in the collection thereof that they 
now have in the collection of town taxes. R. S. ch. 70, sec. 
2; a S.ch. 73, sec. 11. 

13. The Form of the Article in the warrant relative 
to dividing the town into school districts may be : 

To see if the town will divide its territory into school dis- 
tricts, and if so, into how many, and define their bounds ; or, 

To see if the town will alter the boundaries of any of the 
school districts in the town, or make any new districts, and 
fix their bounds. 



8 CREATION; DIVISION AND 

The Form of the Yote of tlie town making a division 
may Ibe : 

Voted, that the territory of this town be divided into nine 
school districts, to be bounded and called as follows : 

School district No. 1 is bounded thus : Beginning at the 
north-east corner of the homestead farm of A. B., at the 
highway leading from CD.; thence southerly by said high- 
way, about one mile, to the south-east corner of the farm of 
S. H. ; thence westerly by the southerly line of the farms of 
said S. H., N. O. and D. P., to the south corner of the home- 
stead farm of said D. P. ; thence northerly by the westerly 
line of the farms of said D. P., N. L. and T. D., to the north- 
westerly corner of the farm of said T. D. ; thence easterly by 
the northerly lines of the farms of T, D., P. R. and A. B. to 
the first bound, and comprising all the territory within said 
limits. School district No. 2 is bounded, &c. 

The town may vote to authorize the selectmen to divide it 
into school districts, but such division will not be legal until 
it is accepted by the town at some legal meeting for the pur- 
pose, an article therefor being inserted in the warrant. In 
such case the selectmen act as a committee, and their doings 
must be ratified by the town. 3 JV. H. R. 168. 

14. The Form of the Application to the Selectmen, 
on the neglect of the town in section 4, may be : 

To tlie Selectmen of the Toion of H. 

Whereas the town of H. has neglected to divide itself into 
school districts, according to the law in such case made and 
provided, we, the subscribers, legal voters of said town, hereby 
request you forthwith to divide said town into convenient 
school districts, define their boundaries, and cause a record 
thereof to be made by the town-clerk according to law. 

A. B., &c. &c. 

H—, April 1, 1853. 

As the selectmen are not authorized to make such division 
except upon the ^' neglect'^ of the town, and as the town can 
act only at a legal meeting, called hi/ the selectmen, it will be 
more prudent, if not necessary, for the selectmen, before mak- 
ing such division, to call a town meeting for the purpose. If 



POWERS OF SCHOOL DISTRICTS. 9 

tlie town refuse to district, the selectmen may then safely 
proceed. No notice need be given, (though it might be well 
to give notice,) but the selectmen should make the divis- 
ion immediately, describing each district " by metes and 
bounds/' sign it, and cause it to be recorded by the town- 
clerk, together with the Application. The Record should be 
attested by the town-clerk as a true copy. The Form of the 
Return may be the same as in the preceding section, omitting 
the word " voted/' and saying instead — 

Upon the foregoing application, the subscribers, selectmen 
of the town of H., said town having neglected to divide itself 
into school districts according to law, do order — . 

15. The Form of the Application for an appraisal of 
property and debts, as in section 8, may be : 

To the Selectmen of the Town of H. 

The undersigned, a majority of the legal voters in school 
district No 3, in said town of H., respectfully represent that 
said school district No. 3 is a new district, formed from school 
districts Nos. 2 and 6 in said town, by a vote of said town ; 
that said school districts Nos. 2 and No. 6 are possessed of 
school-houses and other property, belonging to said districts 
at and before the division thereof, and while said district No. 
3 was a part thereof, for which said district No. 3 has received 
no compensation : We therefore request you to examine and 
appraise all the property belonging to, and all the debts due 
by said districts Nos. 2 and 6 respectively, at the date of the 
formation of said district No. 3, and to award a reasonable 
sum therefor to said district No 3, and cause the same to be 
assessed, collected and paid over to said district according to 
law. A. B., &c. &c. 

B—, April 11, 1853. 

Upon this application the selectmen should appoint a time 
and place of hearing, the Form of which may be thus : 

Upon the foregoing application it is ordered that a hearing 
thereon be had at the dwelling-house of A. B., in said town, 
on the twenty-fifth day of April instant, and that notice 
thereof be given to said school districts Nos. 2, 3 and 6, by 
giving to the clerk of each of said districts in hand, or leaving 
1* 



10 CREATION, DIVISION AND 

at his usual place of abode, an attested copy of this appli- 
cation and order of notice thereon, ten days at least before 
said day of hearing. 

N. D. ") Selectmen 
H. P. f of 

J. L. 3 H . 

H—, April 12, 1853. 

Service of this notice may be made by any person, although 
an inhabitant of the district. The copies should be accurately 
made and examined, and attested by the person making the 
service, thus : 

A true copy. Attest : Thomas Smith. 

At the time and place of hearing, the person making such 
service should return the original to the selectmen, with a 
Keturn thereon as follows : 

H—, April IS, 1853. This day I gave to N. L., clerk 
of school district No. 2, and to R. S., clerk of school district 
No. 6, in said town, to each a true and attested copy of the 
within application and order or notice thereon, and I left at 
the dwelling-house of C P., clerk of said school district No. 
3, being his usual place of abode, a like copy. 

Thomas Smith. 

Merrimack ss., April 25, 1853. Then the said Thomas 
Smith appeared, and made oath that the above return by him 
signed is true. Before me, 

C. P., Justice of the Peace. 

The selectmen should examine all the property and debts, 
hear all the evidence and arguments offered, take all the cir- 
cumstances into consideration, and award such sum, if any, as 
they think justice requires. The application, order of notice, 
affidavit of notice and the award, should all be recorded by the 
town-clerk in the town records. The Form or the Award 
may be : 

We, the subscribers, selectmen of the town of H., having 
met the parties at the time and place, and for the purposes 
mentioned in the foreging application and order of notice 
thereon, due notice thereof having been given to all of said 
parties, and having attentively examined and appraised all the 



POWERS OF SCHOOL DISTRICTS. 11 

property Ibelonging to, and all the debts due by, each of said 
scliool districts No. 2 and No. 6 respectively, and heard all 
the evidence and arguments offered thereupon, do determine 
as follows : 

We appraise the property belonging to district No. 2 at the 
sum of — dollars, and the debts due by said district at the 
sum of — dollars ; and we order that said district pay to school 
district No. 3 aforesaid — dollars, within sixty days. 

We appraise the property belonging to district No. 6 at the 
sum of — dollars, and no debts are due by said district to our 
knowledge. We order that said district pay to school district 
No. 3 aforesaid the sum of — dollars, within sixty days. 

G-iven under our hands this twenty-fifth day of April, 
A. D. 1853. 

N. D. ") Selectmen 
H. P. [ of 
J. L. 3 Henniher. 

16. The union of school districts, authorized by section 10, 
must be made by a vote of each district, at some meeting in 
the warrant for which an article for that purpose was inserted. 
The districts must not be in the same town. The Form op 
THE Article for that purpose may be : 

To see if this district will unite with school district No. 7, 
in Gr., for the purpose of schooling, and if so, upon what terms, 
and to take measures to carry the same into effect. 

The Form of the Vote may be as follows : 

Yoted^ that this district do unite with school district No. 7, 
in the town of Gr., for the support of schools in our united 
districts, and that the prudential committee of this district 
be a committee to agree with said district upon the terms of 
union. 

Voted J that this meeting stand adjourned four weeks, to hear 
and act on the report of said committee. 

The committees so appointed, having agreed upon the terms 
of union, should make a written report of the terms to the 
districts, and, such reports being accepted by vote of each dis- 
trict, and recorded by the clerk, will make the union legal. 

17. The inhabitants of public corporations are competent 
witnesses in any case affecting the interests of such corporatioi^. 



12 ' CREATION, DIVISION AND 

R. S. ch. 188, sec. 12 ; C. S. ch. 200, sec. 12. A school 
district is such a " public corporation/^ 

18. A vote to raise money by a school district whose limits 
have not been defined by a legal vote of the district (or by the 
selectmen according to law,) is void; and a warrant from the 
selectmen to the collector to collect the money, is no protection 
to him : if he collects the money by distress, he will be a tres- 
passer. 4 N. H. R. 478. 

19. The only legal evidence to prove the doings of a school 
district meeting is the record itself, or a copy attested by the 
clerk. Parol testimony is not admissible. 4 Greenleaf R. 
44. 

20. The powers of school districts are special and limited, 
and are such only as are expressly given by statute, or neces- 
sarily result from such granted powers. 3 Fairfield R. 258. 
If they undertake to do any act not within said powers, it is 
illegal and void — Ibid. ; but may raise money (in Maine,) to 
defray the expenses of a lawsuit in which they are involved — 
Ibid. ; but not to build a second school-house, if the district 
has one good one already. Ibid. 

It is doubtful if this is so in New-Hampshire, if more than 
one is needed for the schools in the district. 

21. The selectmen of two or more adjoining towns, on pe- 
tition of any member of any school district in either of said 
towns, may, by a majority of the selectmen in each town, 
disannex such member, together with his taxable property, for 
school purposes, from the district to which he belongs, and 
annex him to some district of one of the adjoining towns. 
Laws 1846, ch. 221, sec. 1 ; C. S. ch. 73, sec. 12. 

22. Such selectmen may in like manner, on petition of per- 
sons interested, form new school districts, by the union of 
inhabitants of such adjoining towns, and may for this purpose 
set off individuals, with their taxable property, from existing 
districts ; and it shall be the duty of the selectmen to define 
the districts so formed, by metes and bounds, and to cause the 
same to be recorded in their respective towns ; and the select- 
men of the town first incorporated may call the first meeting 
of the district so formed. Laws 1845, ch. 24, sec. 2 ; C. ^. 
ch. 73, sec. 13. 

23. The selectmen of the town in which the school-house 
is located shall have all the powers and are required to per- 
form all the duties in relation to filling vacancies in said 



POWERS OF SCHOOL DISTRICTS. 13 

district, tliat tlie selectmen of towns now have. Laws of 
1851, cli, 1117, sec. 2 ; C. S. cli. 73, sec. 14. 

24. Whenever a school district, composed of inhabitants of 
different towns, shall vote to raise money for the purpose of 
building, buying or repairing a school house, it shall be the 
duty of the clerk of said district to notify the selectmen of 
the several towns in which the persons belonging to such dis- 
trict may reside, of the amount of money so voted to be raised ; 
and it shall be the duty of the selectmen of each of said towns 
thereupon to assess upon the polls and ratable estate of such 
persons, residing in their respective towns, their due propor- 
tion of the sums so voted to be raised, having regard to the 
entire inventory of all the inhabitants of said district, and to 
cause the same to be collected and paid over to the person 
authorized by the district to receive it. Laws 1845, ch. 221, 
sec. 3 ; G. 8. cJi. 73, sec. 15. 

25. All persons who have been or may hereafter be sev- 
ered from any school district in one town, and annexed to a 
school district in any other town, for the purpose of schooling, 
shall pay a just proportion for the pui'pose of building or re- 
pairing school-houses in said districts to which they are or 
may be annexed. Laws 1845, ch. 223, sec. 1 ; G. S. ch. 73, 
sec. 16. 

26. Whenever any such district shall vote to raise money, 
the clerk of said district shall certify such vote to the select- 

jl men of each of said towns"; and said selectmen shall form a 
i joint board for the purpose of assessing upon the polls and 
" ratable estate of said district the due proportion of said 
money ; and each board of selectmen shall commit to the col- 
lectors of their respective towns the taxes by them so assessed 
in their respective towns, to be collected and paid over to the 
person or persons by said district authorized to receive the 
same, to be applied and accounted for according to law. Laws 
1845, ch. 223, sec. 2 ; G. jS. ch. 73, sec. 17. 

27. All persons who have been, or hereafter may be sev- 
ered from any school district in one town and annexed to a 
school district in any other town for the purpose of schooling, 
shall have and enjoy all the rights and privileges in regard to 
the literary and school funds of every description, to which 
they would have been entitled if they had not been so disan- 
nexed or united. And whenever the real estate of any per- 
son shall be disannexed for the purposes aforesaid, the polls 



14 CREATION; DIVISION AND 

and ratable estate of all persons residing or having their home 
on said real estate, on the first day of April of each year, 
shall also be considered as disannexed, and their proportion of 
the literary and school fund shall be paid over to the pruden- 
dential school committee of the district to which said real 
estate has been annexed. It shall be the duty of the select- 
men of the town from which any person or persons may be 
disannexed as aforesaid, to pay over the proportion of the 
literary and school fund as aforesaid to the prudential school 
committee as aforesaid, on or before the first day of February, 
annually. Laws of 1850, ch. 974, sees. 1 and 2 ; G. S. ch. 
73, sec. 18. 

28. The town of Pittsburg and the town of Bartlett are 
exempt from the provisions of the law of this State in regard 
to the division of the town into school districts ; and the se- 
lectmen thereof respectively may divide said towns, or any 
part thereof, into as many school districts as they may deem 
just, and cause a record thereof to be made in the records of 
said town, which districts shall have all the rights and privi- 
leges and be subject to all the liabilities of other school dis- 
tricts in the State. Laws of 1848, ch. 632, and laws of 
1851, cli. 1108; G. S. ch. 73, sec. 19. 

29. The Form of Petition to be annexed to a district in 
another town may be as follows : 

To the Selectmen of the Towns of A. and B. 

The undersigned, a member of school district No 3, in said 
Bedford, respectfully represents that it would be convenient 
and desirable to him to be annexed to school district No. 4, in 
said A. He therefore prays that he and his taxable property 
may be disannexed from said school district No. 3, in B., and 
annexed to said district No. 4, in A. 

B., , 1853. S. M. 

The Form of a Petition for a new district in two adjoin- 
ing towns may be as follows : 

To the Selectmen of the Toions of A. and B. 

The undersigned, members of school districts No. 3, in 
said town of A., and No. 4, in B., respectfully represent that 
it would be convenient and desirable that a new school district 



POWERS OF SCHOOL DISTRICTS. 15 

should be formed^ by setting off parts of tbe districts afore- 
said, and uniting tliem into such new district, situate partly 
in A. and partly in B., to be limited and bounded as follows, 
viz : 

[Here describe the bounds of the new district,] or other- 
wise, as to the said selectmen shall seem expedient. They 
therefore pray that you will cause such new district to be 
formed; defined and recorded, according to law. 

X. Y. 

U. W. 

T. y. 

A., , 1853. 

Upon either of these petitions an Order oe Notice 
should be made and signed by the selectmen of both towns, 
which should be served and return thereof made under oath. 
(See the forms and directions in sec. 15, of this chapter.) 
The parties should be heard by a majority of each board of 
selectmen acting together, and their Order may be in the 
form following : 

We, the subscribers, selectmen of A. and B., having met 
the parties at the time and place, for the purposes mentioned 
in the foregoing application and order of notice, due notice 
thereof having been given to all of said parties, and having 
made due examination of the said districts named in said ap- 
plication, and heard the evidence and arguments offered there- 
on, do determine as follows : 

[We disannex the said S. M. and his taxable property from 
said school district JSTo. 3, in B., and annex him to said dis- 
trict No. 4, in A., and we fix and define the limits of said 
district No. 4, in Amherst, as follows : 

Here describe the bounds of the whole district in both 
towns.] 

We direct that the said application, order of notice, return 
of service, and determination, be recorded at length in the 
town records of said A. and B. 

Witness our handS; this day of , 1853. 

A. B.-) 

C. D. y Selectmen of A. 
E. F.] 
a. H. \ 

I. J. >- Selectmen of B. 



16 



MEETINGS AND OFFICERS 



If the application is for a new district, insert, instead of 
the clause in brackets : 

We set off the following persons, with their taxable prop- 
erty, from district No. 3, in said town of A., namely, [here 
insert the names,] and the following persons, with their taxa- 
ble property, from district No. 4, in said town of B., namely, 
[here insert the names,] and form them into a new district, to 
be called ; and we fix and define the limits of said new 
district as follows : [Here describe the whole district in both 
towns by metes and bounds.] 

30. Comparing thel4th,t5th ancl^6th sections, it appears 
that the taxes upon any district, composed of parts of two 
or more towns, must be assessed by the selectmen of both 
towns, as a joint board, the assessment signed by a majority 
of each board and recorded in each town, and the selectmen 
of each town should issue a separate warrant for the collec- 
tion of the taxes in their town, to the collector of that town. 
This assessment should be made upon a new invoice taken 
for the purpose, if the tax is assessed after the first day of 
July. 



CHAPTER 2. 



OF THE MEETINGS AND OFFICEES OF SCHOOL 
DISTRICTS. 



1. Annual meeting, how holden. 

2. Special meetings, how called. 

3. Meetings warned by selectmen. 

4. Warrant returned to clerk. 

5. Who are voters in district. 

6. Penalty for illegal voting. 

7. Officers of the district, what. 

8. Moderator chosen by ballot, by 

plurality. 

9. Moderator to be sworn. 

10. Clerk of district, his duties. 

11. Oath of officers, form, 

12. Affinnation may he used in- 

stead of oath. 



13. Vacancies, how filled.] 

14. Prudential committee, duties. 

15. Prudential committee, re- 

moval. 

16. Notice to be given. 

17. Hearing to be had, 

18. Check list used in school meet- 

ings, when. 

19. Check list may be adopted. 

20. Form of application to com- 

mittee. 

21. Form of warrant for meeting. 

22. Proceedings in such case. 

23. Articles to be inserted. 



OF SCHOOL DISTRICTS. 17 



29. Petition for removal, form. 

30. Notice of removal, form. 

31. Service of notice, how made. 

32. Records of district, how made. 

33. Liability of district. 

34. Liability of clerk. 

35. Form of certificate of vote. 



24. Form of application to com- 

mittee, to call meeting. 

25. Form of application to select- 

men to call meeting. 

26. Form of warrant by select- 

men. 

27. Vacancy, application to fill. 

28. Vacancy,form of appointment. 

1. There sliall be a meeting liolden annually in the morlw 
of March, in each school district, (excepting in such towns as 
shall have adopted the provisions of the chapter relating to 
schools in Portsmouth,) and the prudential committee of the 
district shall issue his or their warrant to the inhabitants of 
such district, qualified to vote in town affairs, stating the 
time, place and purposes of the meeting, and shall warn the 
same, by posting up a copy of such warrant, attested by such 
committee, on the door of the school-house, if there be any 
in the district ; otherwise at one or more public places in the 
district, seven days at least prior thereto. Laios 1845, cJi. 
222, sec. 1 ; C. S. cli. 74, sec. 1. 

2. Special meetings may be called at any time, in the same 
manner, except for raising money, or building or repairing 
school-houses, in which case an attested copy of the warrant 
issued shall be posted up fifteen days prior to the meeting, or 
given to each voter in hand, or left at his usual place of 
abode, at least ten days prior thereto. Ihid., sec. 2. 

Special meetings may be called for any purpose. If called 
for the purpose of raising money or building or repairing 
school-houses, fifteen days' notice must be given, by posting 
up a copy of the warrant, or ten days' personal notice. For 
all other purposes, no personal notice need be given, and ten 
days' posting up is sufficient. 

3. If the prudential committee shall neglect to warn any 
such annual meeting by issuing a warrant and posting up an 
attested copy thereof, as aforesaid, prior to the fifteenth day 
of March, or shall neglect, for the space of ten days after ap- 
plication made in writing by three or more voters of the district, 
to call any such special meeting, the selectmen of the town, 
upon a like application, shall call such annual or special meet- 
ing, by issuing their warrant and causing a copy thereof, 
attested by them, to be posted or served in the manner herein 
before prescribed. Ihid., sec. 3. 

The same notice is to be given by the selectmen, in warning 



18 MEETINGS AND OFFICERS 

an annual or special meeting, that is required of tlie pruden- 
tial committee for a similar meeting. 

4. In all cases the original warrant, with a certificate there 
on, verified by oath, which oath the clerk of the district is 
hereby authorized to administer, that a copy thereof was post- 
ed up or served as required by law, shall be given to the clerk 
of the district on or before the day of the meeting, and shall 
be recorded by said clerk in the records of the district. Ihid.^ 
sec. 4. 

5. Any person qualified to vote in town affairs may vote at 
any district meeting in the district in which he resides and 
has his home. R. 8. ch. 70, sec. 6 ; C. S. ch. 74, sec. 5. 

6. If any person at any school district meeting duly called 
and holden agreeably to the provisions of the chapter to which 
this act is in addition (this chap. — 70 of R. S.) shall give in 
more than one vote for any officer voted for at such meeting ; 
or if any person under the age of twenty-one years, or any 
alien not naturalized, or any person who does not reside or 
have his home in such school district, he shall be punished by 
fine not exceeding thirty dollars, or may be imprisoned in the 
common jail not exceeding three months. Laws 0/1847, ch. 
496; a S.,ch.74., sec. 6. 

As to who are legal voters, see ch. 24, sec. 1, R. S. 

7. The officers of the district shall be a moderator, a clerk, 
and a prudential committee not exceeding three, all of whom 
shall be legal voters in the district, and shall hold their offices 
until the next annual meeting, or until others are duly elected 
and qualified in their stead. R. /S. ch. 70, sec. 7 ; G. S. 
ch. 74, sec. 7. 

8. The moderator of any school district meeting, or of any 
high school associated district meeting, shall be chosen by bal- 
lot by a plurality of the legal voters present and voting at said 
meeting; and such moderator shall be vested with all the 
power and authority which moderators of town meetings by 
law have to conduct the business and preserve order in the 
meetings over which they preside. Laws of 1852, ch. 1301 ; 
a S. ch. 74, sec. 8. 

9. The moderator of any school district meeting duly call- 
ed and holden, before entering upon the duties of his office, 
shall be sworn to the faithful performance thereof, which oath 
may be administered by the clerk of the previous year, or any 
other legal voter of the district calling the meeting to order, 



OP SCHOOL DISTRICTS. 19 

and said oath shall be recorded. Laws o/1850, ch. 981; G. 
S. ch. 74, sec. 9. 

10. The clerk, before entering upon the duties of his office, 
shall be sworn to the faithful performance thereof, which oath 
may be administered by the moderator, and shall be recorded. 
The clerk shall keep a true and perfect record of all the doings 
of each meeting, which shall be signed by him ; shall deliver 
to the selectmen a certified copy of every vote to raise money, 
within ten days thereafter, and shall make and certify copies 
of any record, when required and payment therefor tendered. 
R, S. ch. 70, sec. 8 ; G. S. ch. 74, sec. 10. 

As by the Revised Statutes, ch. 15, sec, 4, ^^No person 
chosen or appointed to any public office under any law of this 
State shall exercise such office, or shall perform any duty 
therein, until he shall have taken the oath of office therefor,'' 
it is clear that the moderator and prudential committee, as well 
as the clerk, must be sworn before they are qualified to act. 

Of course, where there are qualified officers in a district, 
they will continue to act until their successors are qualified to 
perform their duties. 

11. The form of the oath may be the same as that admin- 
istered to town officers : 

You do solemnly swear that you will faithfully and impar- 
tially discharge and perform ail the duties incumbent on you 
as , according to the best of your abilities, agreeably to 
the rules and regulations of the constitution and laws of the 
State of New-Hampshire. So help you God. R. S. ch. 35, 
sec. 3 ; G. S. ch. 37, sec. 2. 

Which may be administered by the moderator, or any jus- 
tice of the peace, and a record of the oath should be made in 
the record book of the district, and signed by the person who 
administered the oath. 

The Form of Record may be : 

Hillsborough ss., March 23, 1853. Personally appear- 
ing took the oath of office as a 

Before me, , Justice of the Peace. 

A record of an oath, ^' sworn into office," is insufficient. 6 
JSf. H. R. 182. So, also, qualified by F. Chase, Esq. 9 N. 
H. R. 170. 

12. If any person is conscientiously scrupulous of swearing, 
the word ^^affirm'' may be substituted for ^^ swear,'' in the 



20 MEETINGS AND OFPICERS 

form of the oatli^ and the words^ ^^ this you do under the pains 
and penalties of perjury'^ instead of "So help you Grod/^ 
Such affirmation shall for all purposes be and constitute an 
oath. i?. S. ch. lb, sec. 5 ; G. S. ch. lb, sec. 5. 

A " certified copy" of a vote is a copy of the record of the 
meeting, made by the clerk^ including his own name, and at- 
tested thus : 

A true copy. Attest: E. Gr.; Clerh of said District. 

13. If any vacancy shall occur in the office of clerk or pru- 
dential committee^ from neglect to choose, or any other cause, 
the selectmen, upon the application of one or more voters in 
such district, shall fill such vacancy ; and the officers thus ap- 
pointed shall hold their offices until new ones are legally chosen 
and qualified, and shall possess all the powers and be subject 
to all the duties incident to said offices. R. S. ch. 70, sec. 9 ; 
G. S. ch. 74, sec. 11. 

14. It shall be the duty of the prudential committee to se- 
lect and hire teachers for the district, provide for their board, 
furnish necessary fuel, make such occasional repairs in the 
school-house and furniture as may be necessary, not exceeding 
in amount five per cent, of the school money for the district, 
notify the superintending school committee of the commence- 
ment of the summer and winter school, and give them all such 
information and assistance as may be necessary for the per- 
formance of their duties. R. S. ch. 70, sec. 10 ; G. jS. ch. 74, 
sec. 12. 

15. If any member of the prudential committee is incompe- 
tent, or irresponsible, or mismanages the aifairs of the district, 
the selectmen, on the petition of one fourth of the legal voters 
of the district, may dismiss him from office, and cause him to 
be notified of such dismission, by giving to him in hand, or 
leaving at his usual place of abode in the district, a written 
notice thereof. R. S. ch. 70, sec. 11; G. jS. ch. 74, sec. 13. 

16. Vv^henever the selectmen of any town shall be applied 
to, to dismiss any member of any prudential committee of any 
school district in said town, under said section, (15th of this 
chapter,) they shall thereupon assign a time and place of hear- 
ing, require of the petitioners a specification of charge, and 
shall cause a notice of the time and place of hearing, togeth- 
er with a copy of said specification, to be served on the party 
accused, at least four days before the time of hearing, by giv- 



OP SCHOOL DISTRICTS. 21 

ing tlie same to him in person, or leaving tlie same at his nsual 
place of abode in said town. Laios of 1846, ch. 319, sec. 1 ; 
C. S. ch. 74^ sec. 14. 

17. On such hearing, the parties and witnesses may be ex- 
amined by said selectmen, on oath ] and if, on such hearing, 
the selectmen shall be of opinion that the party accused is in- 
competent, irresponsible, or mismanages the affairs of the dis- 
trict, they shall dismiss him — otherwise not. Laws 1846, ch. 
319, sec. 2; G. S. ch. 74, sec. 15. 

18. Whenever ten legal voters in any school district in any 
of the towns or cities within this State shall, in writing, and 
thirty days before the annual meeting in such district, apply 
to any one of the committee having charge of the prudential 
affairs of such district, requesting that a check list of the vo- 
ters of such district may be used at such annual meeting, it 
shall be the duty of such committee to make and post up and 
correct a list of all the legal voters in their respective districts, 
in the same way and manner that selectmen of towns are now 
required to do in regard to check lists in their respective 
towns ; and the check lists in said districts so made out, post- 
ed up and corrected, shall be used and checked at said annual 
meeting, whenever a ballot is taken, in the same way and 
manner as is now required by law in the election of State offi- 
cers. Laios of 1851, cli. 1118, sec. 1 ; C. S. cli. 74, sec. 16. 

19. Any school district in any town or city within this 
State, at any annual meeting thereof, may, by a major vote 
adopt this act, [the sixteenth section of cli. 74, (J. S.'\ and when 
so adopted it shall be thereafterwards in force in such school 
district so adopting the same, without said written application 
provided in said sixteenth section. Laivs o/1851, ch. 1118, 
sec. 2 ; G. S. ch. 74, sec. 17. 

20. The Form of Application to prudential committees 
to use check list at the annual meeting, may be as follows : 

To the Pricdential GommiUee of School District No. 3, in the 

town of P. 
You are requested by the subscribers, legal voters of said 
district, to cause a check list of the legal voters of said district 
to be prepared and used at the next annual meeting of said 
district. A. B. 

C. D. 
E. F., &c. 
p_ Feh. ~ 1853. 



22 MEETINGS AND OmCERS 

21. The Form of Warrant for a school meeting, called 
by the prudential committee^ may be : 

STATE OF NEW-HAMPSHIKE. 

[L. S.] To the Legal Voters of School District No. 3, in the 
Town of Nashville. 

You are hereby notified to meet at the school house in said 
district, on Tuesday, the twenty-third day of March instant, 
at seven o'clock in the afternoon, for the transaction of the 
following business : 

I. To choose a moderator to preside in said meeting. 

II. To choose a clerk, prudential committee, and other 
necessary officers for the ensuing year. 

III. To see if the district will remove and fit up the present 
school house, or build a new one, and fix upon a location for 
the same. 

ly. To see if the district will sell the present school house 
lot, and buy another lot, and raise money therefor. 

Given under our hands and seal, at said Nashville, this 
fourth day of March, A. D., 1853. 

J * -p ' ' / Prudential Com' tee 
p* j' -o r of the District. 

The copy or copies posted up should be exact transcripts of 
the original warrant ; putting a scroll and the letters L. S. 
in place of the seal ; should be attested by the prudential com- 
mittee below the copy of their signatures, thus : 

A true copy. Attest 

Prudential Com' tee 
of the District. 

The Return of Service on such warrant may be : 

Hillsborough ss., March 21, 1853. This certifies that 
I posted up a true copy of the within warrant, attested by 
said prudential committee, at the door of the school house in 
said district, on the sixth day of March, 1853, and on the 
same day I posted up a like copy at the tavern of M. T., being- 
one of the most public places in said district. 

A. E. T. 




or SCHOOL DISTRICTS. 23 

The Form or the Affidavit may be : 

Hillsborough ss., March 23, 1853. Tlien tlie said A. 
E. T. made oath that the above return by him signed is true. 
Before me, C. J. F., Justice of the Peace. 

A return that he had warned all the legal voters to meet at 
the time and place, and for the purposes within mentioned, 
was held defective in not specifying how notice was given, or 
how long before the time of meeting. 12 Pich. R. 206. 

22. The warrant, return of notice and affidavit should be 
recorded by the clerk, and attested as a true copy of the orig- 
inal ; and the record of the proceedings of the meeting should 
be similar to that of the town-clerk in case of town meetings. 
And as the statute [see sec. 3, of this chapter,] requires that 
the warrant, return of service and certificate of oath should 
be given to the clerk on or before the day of meeting, it is 
advised that the clerk should add a certificate of that fact, 
before the record of proceedings. 

The Form of Certificate may be thus : 

I certify that the original warrant, return of service and 
certificate of oath, above recorded, were given to me on the 
twenty-first day of March, 1853, before the opening of the said 
meeting. 

J. C, Cleric of the District. 

As this provision cannot be complied with if there is no 
clerk, application should be made to the selectmen, and a 
clerk appointed by them, and sworn before the meeting. 

23. Articles should be inserted in the warrant specifying 
the subjects to be acted on at the meeting, as in the case of 
town meetings. 

The Form of the Eecord of the meeting may be thus : 

At a meeting of the legal voters of school district No. 3, in 
the town of N — , holden at the school-house in said district, 
on Tuesday, the twenty-third day of March instant, at seven 
o'clock in the afternoon, pursuant to notice, A. B. was chosen 
moderator of said meeting, who, being present, took the oath 
of office as prescribed by law. C. D. was chosen clerk, who, 
being present, took the oath of office as prescribed by law. J. 
P., C. F. and T. M. were chosen prudential committee for the 



24 MEETINGS AND OmCERS 

ensuing year, wlio, "being present^ severally took the oatli of 
office, as prescribed by law. 

Voted, To fit up the present school-house and raise — dol- 
lars therefor. 

Voted, To sell the present school-house lot and buy anoth- 
er, and to raise dollars therefor, &c., &c. 

Attest : J. C, Clerk of said District. 

24, The Form of an Application to the prudential com- 
mittee; to call a special meeting, may he as follows : 

To tlie Prudential Committee of School District No. 3, in the 

Town of N. 

You are requested by the subscribers, legal voters of said 
district, to call a special meeting of the legal voters of said 
district, and to insert in the warrant therefor an article in sub- 
Stance as follows, viz : 

To see if the district will vote to build a new school-house, 
or to repair the old one, and to raise money and take the ne- 
cessary measures therefor. - A. B. 

C D 

N—, May 2, 1853. e'. F. 

The form of the warrant for such a meeting may be the 
same as for the annual meeting, and the application should be 
recorded by the clerk with the other papers and proceedings. 

25. The Form or the Application to the selectmen, au- 
thorized by sec. 3, may be as follows : 

To the Selectmen of the Toivn of N. 

Whereas on the second day of May, 1853, application was 
made to the prudential committee of school district No. 3, in 
said town, to call a meeting of the legal voters of said district, 
a copy of which application is as follows : (Here insert a copy 
of the application to the prudential committee, date and 
names of signers y) and whereas more than ten days have 
elapsed since said application was made, but no meeting of 
said district has been called by said committee : 

"We, the subscribers, legal voters of said district, therefore 
request you to call a meeting of the legal voters of said school 
district as soon as may be, to act upon the subjects specified 
in said application. 

A. B., C. D., &c., &c. 

N—, May 15, 1853. 



or SCHOOL DISTRICTS. 25 

If the prudential committee have neglected to post up a 
warrant for a meeting by the fifteenth day of March, the form 
of the application may be similar to the foregoing, omitting 
all from " Whereas'' down to "said committee/' and insert- 
ing instead : 

Whereas the prudential committee of school district No. 3, 
in said town, have neglected to warn the annual meeting in. 
said district, by posting up a warrant therefor prior to the fif- 
teenth day of March, and still neglect it : We, the subscrib- 
ers, &c. 

26. The Form of the Warrant for a school meeting, is- 
sued by the selectmen, may be thus : 

THE STATE OF NEW-HAMPSHIKE. 

To the Legal Voters of School Disti^ict No. 3, in the Town of 

JV. 

[L. S.] By virtue of the authority in us vested by the laws 
of this State, you are hereby notified and warned to meet at 
the school-house in said district, on Saturday, the twenty- 
eighth day of May, 1853, at three o'clock in the afternoon, 
to act upon the following subjects : 

1. To choose a moderator to preside in said meeting. 
(Here insert the articles or subjects to be acted on.) 
Griven under our hands and seal, this sixteenth day of May, 
A. D., 1853. 

A. B. •) 

C. D. [ Selectmen of N—. 

E. F.j 

The selectmen must see that a copy of this warrant, attest- 
ed by them, is posted up (which may be done by any applicant 
or other person,) in the manner provided in sections 1 and 2 ; 
and the return of service, afiidavit, clerk's certificate, proceed- 
ings at the meeting, and the record thereof, may be the same 
as if the meeting had been called by the prudential commit- 
tee. 

The Form of the Eecord may be : 

At a meeting of the legal voters of school district No. 3, in 
the town of N — , holden at the school-house in said district, 
on Saturday, the twenty-eighth day of May, 1853, at three 

2 



26 MEETINGS AND OFFICERS 

o'clock in the afternoon, pursuant to notice, C. D. was chosen 
moderator of said meeting. 

Voted, &c. Attest : Gr. R., Clerh of said District. 

The selectmen have no power to call a meeting, excepting 
in the two cases specified in sec. 7, viz. : 

I. The failure of the prudential committee to warn a meet- 
ing before the 15th of March. 

II. The refusal of the prudential committee to call a meet- 
ing within ten days after a proper application. 

If there is no legal and qualified prudential committee, 
neither of these cases can happen. In such case, application 
must be made to the selectmen to appoint a prudential com- 
mittee, who, after being sworn, may call a meeting. 

27. The Form of the Application to the selectmen to 
fill a vacancy (see sec. 13) may be as follows : 

To the Selectnfien of the Town of JV. 

"Whereas a vacancy now exists in the office of clerk of 
school district No. 3, in said town, by reason of the death of 
C. H., late clerk of said district, we, the subscribers, legal 
voters of said district, therefore request you to appoint some 
suitable person to be clerk of said district, according to the 
law in such case made and provided. 

T. D. 

JSr—-, May 2, 1853. G. P. 

28. The Form of the Appointment in such case may be : 
To N. H., of N., in the County of Hillshorough. 

Whereas there is a vacancy in the office of clerk of school 
district No. 3, in said town, and application has been made to 
us, selectmen of said town, by one or more legal voters of said 
district, to fill said vacancy; and whereas we have confidence 
in your capacity and fidelity, we do appoint you to be clerk of 
said school district; and upon your taking the oath of office 
and having the same recorded in the record-book of said dis- 
trict, you shall possess all the powers and be subject to all the 
liabilities incident to said office, until another clerk is legally 
chosen and qualified in your stead. 

Griven under our hands atN., this second day of May, 1853. 

A. B.) 

C. D. V Selectmen of JSF—. 
E. F. 



OP SCHOOL DISTRICTS. 27 

The application^ appointmentj and oath of office, should be 
recorded in the record-book of the district. 

29. The Form or the Petition for the dismissal of a 
member of the prudential committee may be : 

To the Selectmen of the Town of JV. 

Whereas G. H., a member of the prudential committee of 
school district No. 2, in said town, is irresponsible, we, the 
subscribers, being more than one-fourth part of all the legal 
voters of said district, request you to dismiss said Gr. H, from 
his said office, and to cause him to be duly notified thereof; 
and we also request that you would appoint some suitable per- 
son to fill the vacancy occasioned thereby. 

N. a. 

JSr—, April 11, 1853. L. 0., &c., &c. 

If the member is incompetent, or mismanages the affairs of 
the district, omit the word "ii^responsible/^ in the form, and 
insert instead the above words, as the case may be. 

Upon this application the selectmen should appoint a time 
and place of hearing, the Form of which may be as follows : 

Upon the foregoing application, it is ordered that a hearing 
be had thereon at the dwelling-house of A. B., in said town, 
on the seventeenth day of April instant, that the petitioners 
furnish to us a specification of their charge against said G-. H., 
and cause a notice thereof to be given to said Gr. H., by 
giving to him in hand, or leaving at his usual place of 
abode, an attested copy of this application and order of notice 
thereon, and an attested copy of the said specification of charge, 
at least four days before said day of hearing. 

N. D.) 
H. P. [ Selectmen of N—. 

J. L. 3 

iV— , April 11, 1853. 

Specification of charge against Gr. H., prudential committee 
of school district No. 2, in N., upon an application for his re- 
moval from said office, presented by us to the selectmen of 
said N. : 

We charge, that said Gr. H. is irresponsible. 

N. a. 

iV—, April 11, 1853. L. 0., &c. 



28 MEETINGS AND OFFICERS 

Service of this notice and specification may be made by any 
person. The copies should be accurately made and examined, 
and attested by the person making the service; thus : 

A true copy. Attest : Gr. S. 

At the time and place of hearing, the person making such 
service should return the original to the selectmen, with a 
Certificate thereon as follows : 

N—, April 11, 1853. This day I gave to Gr. H. in hand 
a true and attested copy of the above application, order of no- 
tice and specification of charge. 

T. S. 

H — ss., April 17, 1853. Then the said T. S. appeared 
and made oath that the above return by him signed is true. 
Before me, J. P., Justice of tlte Peace. 

30. The Form of the Dismissal thereon may be : 

To G. H., one of the Prudential Committee of Scl tool District 
No. 2, in the Town of N. 

Whereas application has been made to us, selectmen of said 
town, by more than one-fourth part of the legal voters of said 
district, to dismiss you from your said office, for the reason 
that you are irresponsible, and a specification of said charge 
being by us required, has been made ) and we have assigned 
a time and place of hearing, and caused notice thereof, and of 
said specification, to be served on you more than four days be- 
fore said day of hearing • and have, at said hearing, heard the 
parties and examined on oath the witnesses produced; and 
whereas we are of the ojDinion that you are irresponsible : 

We therefore do, by virtue of the authority in us vested by 
law, dismiss you from your said office, and do order that you 
no longer perform any duty therein. 

Griven under our hands, at said N., this seventeenth day 
of April, 1853. 

A. B.-) 

C. D. [ Selectmen of N—. 

E. F.j 

If the dismissal is for any other cause except being irre- 
sponsible, the form of dismissal should be altered accordingly. 

31. The original notice of dismissal should be given to the 



OF SCHOOL DISTRICTS. . 29 

person dismissed, and a copy taken and preserved, upon whicli 
the Eeturn of Service should be made thus : 

Hillsborough ss., iV— , April 17, 1853. This day I 
gave to Gr. H., within named, in hand the original notice, of 
which the within is a true copy. D. "VY. 

The affidavit may be in common form. 

The petition, order of dismissal, return of service and affi- 
davit, should all be recorded by the clerk of the district. 

82. The record of the proceedings of every district meeting 
should be signed by the clerk. A record not signed is of no 
avail. All papers recorded should be attested by him as true 
copies. 

33. Contracts made by the prudential committee, which he 
is authorized by law to make, are the contracts of the district. 
The committee is a public agent, and not personally liable for 
any thing done in pur.suance of his legal authority. If not so 
authorized, he may make himself personally liable. 15 Pick. 
R. 39. 

34. The clerk is not liable for certifying to the selectmen 
the vote of the district to raise money, although the meeting 
was illegal. 17 Pick. R. 208. 

35. The Form of a Certificate of a vote raising money 
may be : 

To the Selectmen of the Toion of N. 

I hereby certify that at a legal meeting of the legal voters 
of school district No. 1, in said town, duly warned, and holden 
pursuant to notice, at the school-house in said district, on the 
second day of May, 1853, the following vote was passed : 

" Voted, That the district raise the sum of four hundred 
dollars, for the purpose of building a school-house in said dis- 
tricf E. G-., Clerk of said District. 



30 



CHAPTER 3. 
OF SCHOOL HOUSES. 



1. School houses, how erected, re- 

paired and furnished. 

2. If voters aggrieved, remedy. 

3. Proceedings on complaint. 

4. Costs, how allowed in such case. 

5. If district disagree on location. 

6. If district destitute, remedy. 

7. Section 6, how construed. 

8. If owner of lot selected refuses 

to sell, remedy. 

9. Selectmen not liable for neg- 

lecting to remove school- 
house, when. 

10. Proceedings in such case. 

11. School-house tax, how assessed. 

12. New invoice may be taken. 



13. Tax on non-residents. 

14. Notice of meeting to build two 

school-houses. 

15. Voters aggrieved, remedy. 

16. Petition of voter aggrieved. 

17. Committee appointed thereon. 

18. Porm of notice thereon. 

19. Proceedings and report. 

20. Proceedings under section 5. 

21. Petition to lay out lot, form. 

22. Proceedings on such petition. 

23. Vote to raise money, legal. 

24. Assessment of such tax. 

25. One school-house only. 

26. Power of town over district. 



1. At any meeting, legally li olden for tlie purpose, any dis- 
trict may vote to build, purchase, repair, alter or remove a 
school-house in and for such district, and other necessary 
buildings therefor, and to furnish the same with all necessary 
apparatus and furniture for the use of the school therein ; may 
decide upon the location thereof, and purchase land therefor 
not exceeding one acre ; may choose committees with power to 
carry said votes into effect, and may raise money therefor. H. 
JS. ch. 71, sec. 1. Amended hy laws o/lS4:b, cli. 224; G. S. 
cli. 75, sec. 1. 

The power of the district to ^^ furnish" the school-house 
^^ with all necessary apparatus and furniture,'^ is in terms 
new. All such apparatus as maps, globes, and other contri- 
vances for illustrating the studies pursued in the district school, 
may be " necessary," if the district so vote and direct their 
purchase. 

2. If any three or more voters in such district are aggrieved 
by such location, they may apply by petition to the selectmen, 
who, if they think expedient, shall appoint a committee of 
three or five qualified voters of the town, not resident in the 
district, to examine and report thereon, R. S. cli. 71, sec. 2 ; 
a 8. ch. 75, sec. 2. 



SCHOOL HOUSES. 3i 

3. Said committee shall appoint a time and place of hearino- 
said petition, and shall notify one or more of said petitioners^ 
and also the prudential committee or clerk of the district 
thereof; and after such hearing, their report thereon, signed 
by them, returned to the selectmen and recorded in the books 
of the town, shall be binding upon said district as if such new 
location had been made by a vote of the district, Ihid., sec. 3. 

4. If such location is changed, costs shall be taxed by the 
committee in favor of the petitioners, for the reasonable ex- 
penses of the committee and of the petitioners, which shall be 
paid by the district. If the location is not changed, the ex- 
penses of the committee shall be paid by the petitioners. 
Ihicl.y sec. 4. 

5. If at any meeting the district do not agree upon a loca- 
tion for a school-house, the selectmen, upon the petition of 
three or more voters in the district, shall appoint a time and 
place of hearing thereon, notify one or more of the petitioners, 
and the prudential committee or clerk of the district thereof, 
and after such hearing, their report, designating a location, 
which shall be recorded in the books of the town, shall be 
binding upon such district as if made by a vote thereof Ihid., 
sec. 5. 

6. If any district is destitute of a school-house, or suffers 
the same to be out of repair, or shall be ordered to remove or 
fit up the same, or to raise any sum of money, or do any act 
required by law, and shall neglect so to build, repair, remove 
or fit up such school-house, or raise such sum, or do such act, 
the selectmen, upon the petition of three or more voters resi- 
dent in the district, stating such facts, may assess and collect 
such sum of money as may be necessary, and cause such house 
to be built, removed, repaired or fitted up, such moneys to be 
expended, and such orders to be executed in such manner as 
they shall think expedient. Ihid., sec. 5. 

7. This section shall be so construed as to apply to the 
building and repairing of all other necessary buildings con- 
nected with school-houses, in the same way that it now ap- 
plies to the building and repairing of school-houses. Laws 
1853, ch. 1435. 

8. If a suitable place for the location of a school-house is 
designated in either of the ways aforesaid, and the owner shall 
refuse to sell the same for a reasonable price, the selectmen 
upon petition therefor may lay out said lot, not exceeding one 



32 SCHOOL HOUSES. 

half of an acre, if in the opinion of the selectmen so much 
ip needed for that purpose, and appraise the damages to the 
owner, and the proceedings thereon for obtaining increased 
damages in case the owner is dissatisfied shall be the same asj 
in case of a highway laid out by the selectmen. R. S.A 
chap. 71, sec. 7, amended hy laws of 1849, chap. 853. 0i 
S. ch. 75, sec. 7. 

9. The selectmen of a town are not liable to be indicted 
for neglecting on petition to remove a school-house to a new 
site, designated according to the statute by a report of a com- 
mittee, unless the district, by purchase or otherwise, had ob- 
tained the right to place the school-house on the new site. 1 
F. E. 185. 

10. A record of the doings of the selectmen shall be made 
by them in the books of the town ; and upon payment or teiQ- 
der of the damages so assessed by the selectmen, the land so 
laid out shall vest in said district, but shall revert to the owner 
whenever the district shall vote to discontinue the use thereof, 
or shall neglect to use the same for two years successively. 
i?. S. ch. 71, sec. 8 ; a >S. ch. 75, sec. 8. 

11. For the purposes aforesaid, every person shall be taxed 
in the district in which he lives, for his poll and all the per- 
sonal estate which he holds in the town ; and all real estate 
in the town shall be taxed in the district in which it is. Ihicl., 
sec. 9. 

12. The selectmen in the several towns and places in this 
State, when for the purposes of building and repairing school- 
houses it shall become necessary, are hereby authorized to make 
a new invoice of all the property in such district, fur the ]^ur- 
pose of making a just assessment of the taxes necessary for 
such purposes. Laivs 1844, ch. 148, sec. 1 ; G. S. ch. 75, 
sec. 10. 

13. When any tax shall be assessed on any non-resident 
proprietors, or owners of property liable by law to be assessed 
for the purpose of purchasing any school-house, or for the 
erection or repair of any such house, after the first day of 
July in any year, a certified copy of the list of such taxes, 
as assessed by the selectmen, and as delivered to the collector, 
shall by such collector be delivered to the deputy secretary on 
or before the eighth day of the next succeeding June session 
of the general court. And all such proceedings shall be had 
in relation to the same as are now had in the payment and 



SCHOOL HOUSES. 33 

collection of non-resident taxes that maybe otherwise assessed. 
Ihid,, sec. 2; C. S. ch. 75, sec. 11. 

In the assessment of school-house taxes, selectmen should 
jliave particular regard to this section, as its provisions are new. 

14. Any school district, at a legal meeting holden for that 
)urpose, may, by two thirds of the legal voters of such dis- 
trict, present at said meeting, vote to build, purchase, alter, 
repair or remove two or more school-houses in and for such 
district, and other necessary buildings therefor, and to furnish 
the same with all necessary apparatus and furniture; may 
decide upon the location of such houses, and purchase land 
therefor, and may raise money for that purpose : provided, 
that if each leo;al voter in said district has been served with 
a written or printed notice of the time, place and objects of 
said meeting, at least seven days prior thereto, in such case a 
majority of the voters present and voting at said meeting 
shall have power to bind the district to the performance of' 
the objects contemplated in this act, (this section.) Laws 
of 1852, chap. 1286; C. S. ch. 75, sec. 12. 

15. If any three or more legal voters in such district are 
aggrieved by the location of either of the school-houses there- 
in, they may apply by petition to the selectmen of the town 
where such school houses are located, who may proceed there- 
on according to the provisions of chapter seventy-one of the 
revised statutes, (this chapter.) Laws of 1848, chap. 729, 
sec. 2 ; C. S. ch. 75, sec. 13. 

16. The Form of a Petition by persons aggrieved by 
the location of a school-house may be : 

To the Selectmen of the Toicn of JSF. 

Whereas the school-house in school district No. 3, in said 
town, is so located as to be inconvenient and unjust to the 
subscribers, legal voters in said district, who are aggrieved 
thereby : we therefore request you to appoint a committee to 
examine and report upon the same, and to cause a new and 
more equitable location and record thereof to be made accord- 
ing to law, 

N. D. 

L. M., &c. 
iV— , May 2, 1853. 



'? 



17. The Appointment of a committee thereon may be : 
2* 



34 SCHOOL HOUSES. 

To L. B., J. N. and T. S., of N., in the County of H. 

Whereas application has been made to us, selectmen of the 
town of N., legal voters in school district No. 3, in said town, 
stating that they are aggrieved by the location of the school- 
house in said district, and requesting us to appoint a com- 
mittee to examine and report thereon : Now we, reposing 
confidence in your judgment and integrity, do appoint you 
a committee for said purpose, and you are to appoint a time 
and place of hearing, and notify said petitioners and district 
thereof, to examine said location, and hear the said parties, 
and make report ta us thereon. 

Griven under our hands at N., this second day of May, 1853. 

A. B. ) 
C. D. [ Selectmen of N—. 



E. f!j 



18. The Form of the Notice thereon may be : 

To School District No. 3, in the Toivn of N., and to all per- 
sons aggrieved hy the location of the School-house in said 
District. 

Whereas we, the subscribers, have been appointed by the 
selectmen of said town, upon the application of three or more 
legal voters in said district, aggrieved by the location of the 
school-house therein, a committee to examine and report there- 
on ; you are hereby notified that we shall meet for said purpose 
at the school-house in said district, on the tenth day of May 
instant, at nine o'clock in the forenoon, when and where you 
may attend, and you shall be heard. 

Given under our hands this second day of May, 1853. 

L. B."^ 

J. N. y Committee. 
T. S. ) 

Two such notices should be made by the committee, one 
for the district and the other for the petitioners, and should 
be served by giving the originals and keeping a copy, upon 
which a return and affidavit may be made as in other cases. 

19. At the time and place appointed, the committee should 
attend, examine the location of the house and the situation of 
the district, hear all the evidence offered, and make a written 
report to the selectmen, which should be annexed to their 
appointment. The Form may be thus : 



SCHOOL HOUSES. 35 

Tlie subscribers, by virtue of the commission hereto annex- 
ed, appointed by the selectmen of the town of N. a committee 
to examine the location of the school-house in school district 
No. 3, in said town, and report whether the legal voters in 
said district are aggrieved thereby, having appointed the tenth 
day of May, 1853, at nine o'clock in the forenoon, at the 
school-house in said district, as the time and place of hearing 
thereon ; and having caused the petitioners and also said dis- 
trict to be duly notified thereof, and having carefully examined 
said location, and the situation of said district, and heard all 
the evidence and arguments offered by both parties, and at- 
tentively considered the same, are of the opinion that said 
location ought not to be changed, and that said petitioners are 
not aggrieved thereby. And we further order that the costs 
of this hearing, taxed at — , be paid by the petitioners. Wit- 
ness our hands, this tenth day of May, 1853. 

L. B.") 

J. N. > Committee. 
T. S. ) 

The petition, appointment, notice, return of service, affidavit 
and report of committee, should be all recorded in the books 
of the town by the town-clerk, and attested by him. 

20. The proceedings under section 5 are similar to those 
under section 2, and the forms above given for the latter may 
be easily changed, so as to be adapted to the former. 

21. The Form of a Petition to lay out a school-house lot 
may be : 

To the Selectmen of the Town of N. 

The subscribers, legal voters of school district No. 3, in 
said town, respectfully represent that said district, by a vote 
at a meeting legally called for that purpose, designated as ^ a 
spot whereon to set their school-house a lot of land in said 
district, owned by T. Gr., and bounded thus : [Here insert the 
boundaries;] but the said T. Gr. refuses to sell said lot for a 
reasonable price : We therefore request you to lay out said 
lot, not exceeding one-half of an acre, for the purpose of a 
school-house lot for said district, and to appraise the damages 
to the owner thereof, and to cause a record thereof to be made, 
according to the law in such cases made and provided. 

T T> 

S." C.*, &c. &c. 
iV— , May 2, 1853. 



36 SOHOOL HOUSES. 

22. The Form of the Notice on sucli petition may be : 

Upon tlie foregoing petition it is ordered, tliat notice be 
given to the said T. G-., and to said school district No. 3, to 
appear at the house of N. E,., in said N., on Wednesday, the 
eighteenth day of May instant, at nine o'clock in the forenoon, 
and shew cause, if any they have, why the request of said 
petitioners should not be granted, by giving to said T. G. and 
to the clerk of said district in hand, or leaving at the usual 
place of abode of each, a true and attested copy of said peti- 
tion and this order thereon, at least fourteen days previous to 
the said eighteenth day of May. 

Given under our hands this second day of May, 1853. 

A. B.) 

C. D. y Selectmen of N—, 

E. F.j 

The certificate that notice has been duly given, and the af- 
fidavit thereof, should be made on the back of the order, as set 
forth in chs. 1 and 2. 

The selectmen having met at the time and place appointed, 
and having heard the parties, and their evidence and argu- 
ments, if they find the statements in the petition to be sus- 
tained, may lay out the lot or a part of it, "not exceeding 
one-half of an acre, and appraise the damages to the owner. '^ 
The Form of the laying out may be as follows : 

Upon the foregoing petition the subscribers, selectmen of 
the town of N., having caused notice to be given as aforesaid 
to T. G., the owner of the land hereinafter mentioned, and to 
school district No. 3, in said town, to appear at the house of 
N. E,., in said N., on Wednesday, the eighteenth day of May, 
1853, at nine o'clock in the forenoon, to shew cause, if any 
they had, why the request of said petition should not be grant- 
ed j and having met at said time and place, and fully heard all 
persons who chose to attend and be heard, as well in regard to 
laying out said lot as to the damages to be awarded there- 
for, and having carefully considered said petition, and being 
satisfied that said school district No. 3 in said town did legal- 
ly designate the lot described in said petition as and for a 
school-house lot for said district, and that said T. G., the own- 
er thereof, refused to sell the same to said district for a rea- 
sonable price : We are of the opinion that said lot ought to be 
laid out, for the purpose of a school-house lot for said district, 



SCHOOL HOUSES. 87 

and do lierelby for said purpose lay out the same, to be "bounded 
tlius : [Here insert the boundaries of the lot taken.] And we 
appraise the damages to the said T. G-. of taking said lot as 
aforesaid at the sum of — dollars, which is to be paid by said 
district. 

Griven under our hands at N., this eighteenth day of May, 
in the year eighteen hundred fifty-three. 

A. B.) 

C. D. V Selectmen of N—. 

E. F. 3 
The petition, order of notice, affidavits and return of laying 
out, should be recorded by the town-clerk, as in the case of a 
record of laying out a highway. 

23. A vote by a school district " to raise a sum of money 
sufficient to remove the school-house in this district, and to 
purchase land to set the school-house upon,^^ is legal, and 
after this sum is ascertained, by removing the school-house 
and purchasing the lot, the selectmen may assess it ; but not 
until it is so ascertained. The safer course, however, is to 
raise a specific sum. 3 JSf. H. R. 292. 

24. The direction in the statutes requiring selectmen to 
assess a school-house tax within tliirty days after notice, is 
merely directory ) the assessment will be legal if made after 
that time — 3 N. H. R. 328. And need not be made by the 
selectmen who were in office when the vote was passed — 3 
Mass. R. 231. The selectmen are to limit the time for collect- 
ing and paying in the money voted, not the district — Ibid. 
If the selectmen to whom the certificate of such tax is given, 
neglect to assess it, or assess it informally, upon a new certifi- 
cate their successors may assess it; no new vote is needed — 
Ihid. ; and if the selectmen make an erroneous assessment, 
they may revoke it and make a new one. Ihid. 

A school district, after having voted to raise money, may, 
at a legal meeting called for the purpose, rescind the vote; 
and the selectmen, upon receiving notice of such vote to re- 
scind, by a certified copy, will have no power after such no- 
tice to make an assessment or to issue a warrant to collect it. 
3 Mass. R. 233. 

25. If a district has a sufficient school-house, a vote to build 
another will be illegal. 3 Fairfield i?. 258. 

See sec. 14, and 15, of tliis chapter, as to the proceedings in 
relation to building two school-houses. 



38 



SCHOOL TAXES AND SCHOOL MONEY. 



26. In Massachusetts a town had no power to destroy a dis- 
trict without its consent^ or so far to alter its limits as to effect 
the same object; nor to annul or impair any contract made by 
the district, but only to alter limits as necessity requires. 5 
Pick. R. 323. In New-Hampshire it would seem a public 
corporation may be modiiSed or destroyed without their con- 
sent. See ^ N. H. R. 532 ; and now it is so in Massachu- 
setts. 23 Pick. R. 62. 



CHAPTER 4. 

OF SCHOOL TAXES AND SCHOOL MONEY. 



1. School tax, how assessed. 

2. Town may raise more. 

3. School money appropriated. 

4. School money, how assigned. 

5. Neglect of selectmen, penalty. 

6. Neglect of prudential commit- 

tee to expend, penalty. 

7. School, where to be kept. 

8. Towns, when exempted, how 

far. 

9. Literary fund distributed. 

10. Unincorporated places, duty. 

11. How to be appropriated. 



12. Misappropriation, penalty. 

13. Railroad tax distributed. 

14. District may hold property. 

15. School tax, how assessed. 

16. Money belongs to selectmen. 
Selectmen not liable to teach- 
ers. 

Selectmen liable for not as- 
sessing, &c. 

Liability, on removal, to be 
taxed. 

The same. 



17 



19 



20 



1. The selectmen of each town shall assess annually upon 
the polls and ratable estate by law taxable therein, a sum to 
be computed at the rate of one hundred and fifty dollars for 
every dollar of the public taxes appropriated to such town, and 
so for a greater or less sum. R. S. cli. 72, &ec. 1 ; amended 
hy laws 1853, cli. 1436. 

2*. The town, at any legal meeting for the purpose, may 
raise a sum exceeding the sum aforesaid, which shall be as- 
sessed in the same manner. R. S. cli. 72, sec. 2; C S. cli, 
76, sec. 2. See cli. 9, sec. S, post. 

3, Such sum when collected shall be appropriated to the 

* There is an error in the printing of the second section in the com- 
pilation of the statutes, which will be readily corrected by comparing it 
with the corresponding section of the Revised Statutes. 



SCHOOL TAXES AND SCHOOL MONEY. 39 

sole purpose of keeping an English school or schools within 
such town, for teaching reading, writing, English grammar, 
arithmetic, geography, together with such other branches of 
English education as are adapted to the advancement of the 
school, including the purchase of necessary fuel for the school, 
and occasional repairs, as specified in this Title. Ihid., sec. 3. 
See cli. 2, sec. 8. 

4. The selectmen shall assign to each district a proportion 
of the money thus assessed, according to the valuation of the 
district for the year, or in such other manner as the town at 
the annual meeting shall direct, and shall pay over the same 
to the prudential committee of the district. Ihid., sec. 4. 

The district may require the prudential committee to give 
bond for the faithful discharge of his duties ; and it would be 
prudent so to do, to avoid losses, especially if the district has 
a school fund. 

It shall be the duty of the selectmen in all cases when the 
guardian and ward reside in the same town, to assign the tax 
assessed upon the ward's personal property to the school dis- 
trict in which the ward lives and has his home. Laios of 
1852, ch. 1308; C. S. ch. 76, sec. 5. 

5. If the selectmen of any town neglect to assess or assign, 
or pay over the school money as aforesaid, they shall forfeit and 
pay for each neglect a sum equal to that so neglected to be 
assessed, or assigned, or paid over, which shall be for the use 
of the district aggrieved thereby, and may be recovered by ac- 
tion of debt in the name of such district, by the prudential 
committee. R. S. ch. 72, sec, 5 ; C. JS. ch. 76, sec. 6. 

6. If the money so assigned and paid over to the pruden- 
tial committee of any district shall be by him not expended 
according to law, he shall forfeit for each offence a sum not 
less than the sum so unexpended or not exjDended legally, and 
not exceeding twice said sum, to be recovered by indictment, 
or by information, the cost to be paid to the county treasurer, 
and the penalty to be paid to the selectmen, for the use of the 
district. R. S. ch. 72, sec. 6 ; C. S. ch. 76, sec. 7. 

7. It shall be unlawful to keep the district school in any 
other place than in the school-house belonging to the district, 
unless there be no school-house, or the school-house be out of 
repair, or not of sufficient size to accommodate the school ; in 
which cases the prudential committee may, with the consent 
and approbation of the selectmen, provide suitable rooms and 



40 SCHOOL TAXES AND SCHOOL MONEY. 

conveniences for tlie use of the school; at the expense of the 
district. R. jS. ch. 32, sec. 7 ; C. S. cli. 76, sec, 8. 

8. The town of Portsmouth, and such other towns as legal» 
\j adopt the provisions of the chapter of this Title made for 
the town of Portsmouth, are exempted from the operation of 
the foregoing provisions, so far as the same relate to the mode 
of appropriation and expenditure of said school money. R. 
S. ch. 72, sec. 8 5 C. S. ch. 76, sec. 9. 

9. Every banking corporation in the State shall pay into 
the treasury, on or before the second Wednesday of June, 
annually, one half of one per cent, on the amount of the cap- 
ital stock of the bank at that time, for a literary fund ; and 
the treasurer shall assign and distribute, in the month of June 
annually, all sums so received by him, among the several 
towns and places in the State, according to the number of 
scholars of such towns and places, not less than four years of 
age, who shall by the report of the superintending school com- 
mittee of the several towns and places returned to the secre- 
tary of State for the year preceding, appear to have attended 
the district common schools in such towns and places for a 
time not less than two weeks within that year. R. S. ch. 
75, sees. 1, 4; laios o/1848, ch. 738 ', C. S. ch. 85, sees. 1, 4. 

The treasurer of the State shall now distribute the liter- 
ary fund assigned to the unincorporated places in the county 
of Coos, among the several towns in said county as now pro- 
vided by law, and in the month of June annually hereafter, 
for the use of common schools, except what belongs to the 
Second College Grrant and Wentworth's Location, which shall 
be paid to the prudential committee or agent of said Second 
College Grrant or Wentworth^s Location, when duly authorized 
by the inhabitants therein, which shall be applied to the 
maintenance of common schools. Laivs of 1850, ch. 982 : 
G. S. ch. 85, sec. 8. 

10. No unincorporated place shall receive such proportion 
until a treasurer or school agent shall have been chosen to re- 
ceive and appropriate the same. R. S. ch. 75, sec. 5 j G. S, 
ch. 85, sec. 5. 

The proper evidence of the choice of an agent is a copy of 
the record of the town meeting at which he was chosen, certi- 
fied and attested by the town-clerk. 

11. The money received by any town or place as aforesaid, 
shall be applied to the maintenance of common schools, or to 



SCHOOL TAXES AND SCHOOL MONEY. 41 

other purposes of education, in addition to the sums required 
to be raised by law, and in sucli manner as the town shall di- 
rect. R. S. cli. 75, sec. 6; C. jS. ch. 85, sec, 6. 

12. If any town, or incorporated place, or the agent of any 
unincorporated place, shall apply any sum of money so receiv- 
ed to any other purpose than as aforesaid, the town, place or 
agent so offending shall forfeit and pay double the sum so 
misapplied, to be recovered by indictment for the use of the 
county. Ibid., sec. 7. 

13. The tax upon the stock of railroad corporations, paid 
from the State treasury to the towns in which the stockhold- 
ers live, is recjuired 'Ho be by the selectmen of the towns 
receiving the same (not by the town,) appropriated in just pro- 
portions to the several purposes for which taxes are assessed 
upon the polls and estates of such stockholders within such 
town.^^ The selectmen should therefore appropriate a ^'just^' 
share of such sum to the support of schools. 

14. A district being now a corporation, may take and hold 
property for the benefit of the school in the district. A gift 
of property to a district, the interest to be expended for the 
benefit of the school in addition to the school money, would be 
as useful an appropriation as a wealthy and patriotic man 
could desire. 

15. All taxes for the year, except school-house taxes, are 
required to be assessed upon the invoice made in April — H. 
JS. ch. 43, sec. 1 ', 0. JS. ch. 4ib, sec. 1 — and no provision is 
made for taking an invoice at any other time. In making any 
assessment of a tax relating to school-houses, particular atten- 
tion should be paid to the new provisions in ch. 3, sees. 11, 12, 
13. 

16. The school money assessed by the selectmen is not the 
money of the town, but of the selectmen, they being person- 
ally responsible for its proper appropriation ; and so also is the 
money above what is required by law which is voted to be 
raised by the town. Even in the hands of the town treasurer, 
it is the money of the selectmen and not of the town. 3 JY. 
H. R. 57. But if paid over to the district it ceases to be the 
property of the selectmen. Ihid. 

17. The selectmen are not liable for the wages of a teacher, 
if he is employed by the agent of the district ; and the district 
is liable if the agent has acted legally. 10 N. H. R. 96. 

18. If the selectmen refuse to assess, or to pay over the 



42 



INSPECTION OF SCHOOLS. 



money assessed, they will be liable to an action by the district, 
but not to the agent or committee of the district. 10 iV. H. 
i?. 72. 

19. If a person remove from a district with a part of his 
family, for temporary purposes, with an intention of returning, 
he is still liable to taxation as an inhabitant of the district. 
11 N. H. R. 48. For further references and explanations as 
to who is liable to be taxed, see cli. 40, R. S. 

20. If, after a tax has been raised and assessed on the 
inhabitants of a school district, a part of the district is set off 
into another district, the inhabitants of such part remain liable 
to pay the tax, the debt being fixed by the assessment. 5 
Pick. R. 323. If a person has moved into the district after 
the invoice in April is taken, it is doubtful whether he is lia- 
ble for a tax voted by the district, although he was an inhabi- 
tant when the vote to raise the money was passed — Ihid. ; 
and it is also probable that he is not liable, if he has removed 
from the district and ceased to be an inhabitant before such 
vote was passed — 11 N. H. R. 48 — if the tax is assessed on 
the invoice taken in April. But if the tax is assessed upon a 
new invoice after the first of July, all inhabitants are liable. 



CHAPTER 5. 



OF THE REGULATION, INSTRUCTION AND INSPECTION 

OF SCHOOLS. 



1 . Superintending committee, how 

appointed. 

2. Duties of such committee. 

3. Teachers unfit, dismissed. 

4. Unruly scholars dismissed. 

5. Penalty for disturbing school. 

6. Inspection of schools not to be 

dispensed with. 

7. Scholars may be classified. 

8. Where scholars may attend. 

9. Masters to be examined. 
10. Mistresses to be examined. 



11. Teacher not to be paid, unless. 

12. When districts unite, teach- 

er may procure certificate of 
committee in either town. 

13. Class books, how determined. 

14. Sectarian books prohibited. 

15. Poor children, how furnished. 

16. Report of superintending com- 

mittee, how made. 

17. Compensation of committee. 

18. Superintending committee, 

when paid. 



INSPECTION OF SCHOOLS. 



43 



19. Teachers, when paid, to report. 

20. Virtues to be inculcated. 

21. Children under fifteen unin- 

structed. 

22. Children under twelve. 



23. Penalty for employing in fac- 

tories. 

24. Dismissal of teacher, forms. 

25. Certificate of qualifications, 

form. 

26. School report, form. 



1. Eacli town shall annually in the month of March^ elect 
by ballot a superintending school committee, consisting of one 
or three persons, as the towns may elect, and whenever any 
town shall neglect to choose such committee as aforesaid, the 
selectmen shall, before the twentieth of April, appoint said 
committee. R. S. ch. 73, sec. 1 j amended hy laws o/1851, 
cli. 1129; G. 8. ch. 77, sec. 1. 

The Form of Appointment by the selectmen may be sim- 
ilar to the appointment of clerk — ch. 2, sec. 28 — and the ap- 
pointment should be recorded by the clerk. 

This is a new provision. The committee must be elected 
hi/ hallot, and must take the oath of office, like other town 
officers. 

2. It shall be the duty of said committee to examine every 
person proposing to teach any district school in such town ; to 
visit and inspect every school, at least twice in each year; to 
inquire into the regulation and discipline thereof, and suggest 
any necessary alterations ; to examine the proficiency of the 
scholars, and to use their influence that all the youth of each 
district attend and profit by the school therein. R. S. ch. 73, 
sec. 2 ; G. S. ch. 77, sec. 2. 

3. The superintending school committee, upon petition of a 
majority of the legal voters in any district, for the dismission 
of a teacher, shall appoint a time and place of hearing, and no- 
tify the parties of said time and place, by causing a notice 
thereof in writing, signed by at least two of said committee, to 
be given to the teacher personally, and a like notice to be 
posted on the school-house at least twenty-four hours before 
said time of hearing ; and after such hearing, shall have power 
to dismiss the teacher, or not, as in their judgment will 
best promote the interest of the district; and they shall dismiss 
every teacher who is unfit to teach, notwithstanding a certifi- 
cate has been given ; and such teacher shall be entitled to 
compensation until such dismission, but no longer. Laius of 
1845, ch. 225; G. S. ch. 77, sec. 3. 

4. Such committee may, upon application of the teacher or 



44 INSPECTION OF SCHOOLS. 

any inliabltant of the district, dismiss any scholar from the 
school who will not conform to the reasonable regulations of 
the school ; and it shall he unlawful for such scholar to return 
to or remain in said school until restored by the teacher or by 
the superintending school committee. R. S. cli. 73, sec. 4 ; 
C. S. ch. 77, sec. 4. 

5. If any person who shall have been dismissed from any 
school by the superintending school committee, agreeably to 
the provisions of the fourth section of this chapter, shall attend 
said school or visit the same, or in any way interrupt or dis- 
turb the same, (unless he shall have been first restored by the 
committee,) he shall for the first offence forfeit the sum of five 
dollars, and for the second offence he shall forfeit the sum of 
ten dollars, and for the third offence he shall be imprisoned in 
the county jciil, for a term not less tlian ten days nor more 
than thirty days. Laivs 1849, ch. 854 ; G. S. ch. 77, sec. 5. 

6. Towns cannot dispense with the services of the superin- 
tending school committee in relation to the examination of 
schools. See Statutes, 1846, ch. 317, sec. 3; C. S. ch. 77, 
sees. 18, 19; sees. 16, 17, of this ch. 

7. When the number of scholars in any district amounts to 
fifty or more, such district, at a meeting legally holden for that 
purpose, by a vote of three-fourths of the legal voters present 
may divide said scholars into two or more divisions, according 
to age or acquirements, or both, and may direct under what 
teacher each division shall be instructed ; and when any school 
district in this State shall neglect or refuse to divide the schol- 
ars as aforesaid, the superintending school committee of said 
town shall, on the petition of ten or more legal A^oters in said 
district, divide said scholars as aforesaid, if in their opinion it 
is necessary. R. S. ch. 73, sec. 6, cmiended hi/ lawsofl'^^^y 
ch. 983 ; G. jS. ch. 77, sec. 6. 

In order that it may appear on the records that the vote 
was adopted by a majority of th7'ee-/ourths, the whole number 
of "legal voters present ^^ should be ascertained and recorded 
by the clerk, and also the number of persons voting in favor. 
The Record may be thus : 

Voted, That the scholars in this district be divided into 
three divisions, according to their acquirements, each division 
to be under the care of one teacher, and that the prudential 
committee make such division and classification ; the whole 



INSPECTION OF SCHOOLS. 45 

number of legal voters of the district present being forty, and 
thirty of said voters having voted in favor of such division. 

8. No person shall have a right to send to, or receive any 
benefit from any school in a district in which he is not a resi- 
dent, without the consent of such district. Ihid., sec. 7. 

9. No person shall be employed as a school master unless 
he is a citizen of the United States, and shall produce a cer- 
tificate from the superintending school committee of the town 
where such school is to be kept, that he is well qualified to 
instruct youth in the various branches required to be taught in 
an English school in this State, and produce satisfactory evi- 
dence of his good moral character. Ihid., sec. 8. 

10. No person shall be employed as a school mistress unless 
she shall produce a certificate from the superintending school 
committee of the town where the school is to be kept, that she 
is suitably qualified to teach the English language grammati- 
cally, and the rudiments of arithmetic and geography, and 
shall produce satisfactory evidence of her good moral charac- 
ter. Ihid., sec. 9. 

11. The district shall be liable for the wages of the teacher 
and for all contracts lawfully made by the prudential commit- 
tee ; but no person shall receive any compensation for teach- 
ing a district school, without producing to the prudential com- 
mittee the certificate by this chapter required. Ihid., sec. 10. 

12. Whenever two or more school districts in different 
towns are united for the purpose of schooling, it shall be com- 
petent for the teacher to procure the certificate of the superin- 
tending school committee of either town. Laws of 1851, cli. 
1117; C. S. ch. 11, sec. 11. 

13. The superintending school committee shall determine 
and direct the class books to be used in the district schools of 
the town ; and the parents, masters or guardians of the schol- 
ars attending such schools shall supply said scholars with the 
books so directed to be used. R. S. ch. 73, sec. 11 ; C. S. 
ch. 77, sec. 12. - 

14. No book shall be directed to be used as a school book 
which is calculated to favor any particular religious or politi- 
cal sect or tenet. R. S. ch. 73, sec. 12 ; G. S. ch. 77, sec. 13. 

15. If any poor child attending any district school is desti- 
tute of the necessary class books, the selectmen shall provide 
such books at the expense of the town, upon application there- 
for. R. S. ch. 73, sec. 13 ; 0. S. ch. 77, sec. 14. 



46 INSPECTION or SCHOOLS. 

Whenever it sliall come to the knowledge of the superintend- 
ing school committee of any town^ or to the knowledge of the 
mayor and aldermen of any city in this State, that any child 
attending any district school is destitute of the necessary text 
books, and is poor and unable to procure the same, it shall be 
the duty of said committee of any town, and the mayor and 
aldermen of any city in this State, to furnish the same forth- 
with at the expense of said town or city. Laws of 1852, ch. 
1229, as amended hy laws of 1852, cli. 1304; G. S. ch. 77, 
sec. 15. 

16. The superintending school committee shall make out 
annually a report, and present the same to the town at its an- 
nual meeting, stating the number of weeks which the public 
schools have been kept in each district in summer and in win- 
ter, and what portion thereof has been kept by male and what 
portion by female teachers ; the whole number of scholars that 
have attended each school; the progress made in each school 
in the various branches of learning; the number of children 
between the ages of four and fourteen years, in each district, 
that have not attended school therein ; and the number of per- 
sons in each district between the ages of fourteen and twenty- 
one years who cannot read and write, with such suggestions as 
may be useful upon the management of schools^ and the sub- 
ject of education. H. S. ch. 73, sec. 14 ; G. S. ch. 77, sec. 16. 

The superintending school committee are also required to 
make a report to the secretary of State. See ch. 9, sec. 3. 

17. Such committee shall receive from the town a reasona- 
ble compensation for all services required by law to be per- 
formed by them. H. S. ch. 73, sec. 15; G. jS. ch. 77, sec. 17. 

18. The superintending school committee shall receive no 
compensation for their services, until they shall have satisfied 
the selectmen that they have attended to the duties, and made 
the reports by law required of them ; and no prudential com- 
mittee shall be authorized to receive the school money from 
the selectmen, until such committee shall have caused to be 
presented to the selectmen the certificates required by law in 
reference to the qualifications of the teachers by him employ- 
ed. Laios 1846, ch. 317; G. S. ch. 77, sec. 18. 

19. It shall be the duty of every teacher of a public school 
to make at the close thereof a report to the superintending 
committee of the town, of the number of scholars, male and 
female, that have attended, the branches of learning taught, 



INSPECTION OP SCHOOLS. 47 

and tlie progress made. And no teacher shall he entitled to 
pay for his services until this provision has been complied 
with. Laios 1846, ch. 317; G. S. ch. 77, sec. 19. 

20. It shall be the duty of all persons entrusted with or en- 
gaged in the instruction of the young, diligently to impress 
upon their minds the principles of piety and justice, a sacred 
regard to truth, love of country, humanity and benevolence; 
sobriety, industry and frugality; chastity, moderation and 
temperance ; and all other virtues which are the ornament and 
support of human society, and to endeavor to lead them into 
a particular understanding of the tendency of all such virtues 
to preserve and perfect a republican form of government, to 
secure the blessings of liberty and to promote their future hap- 
piness, and the tendency of the opposite vices to degradation, 
ruin and slavery. R. S. ch. 73, sec. 16 ; G. S. cTi. 77, sec. 20. 

21. No child under the age of fifteen years shall be employ- 
ed to labor in any manufacturing establishment, unless such 
child shall have attended some academy, high school, or pub- 
lic or private day school where instruction is given by a teach- 
er competent to instruct in the branches usually taught in 
district schools, at least twelve weeks during the year next 
preceding the time when such child shall be so employed. 
LaiDS 1848, ch. 622; G. S. ch. 84, sec 1. 

22. No child under the age of twelve years shall be employ- 
ed as aforesaid unless such child shall have attended some 
academy or school as aforesaid, at least six months during the 
year next preceding the time when said child shall be so em- 
ployed : provided, hoioever, that in case such child, when not 
prevented by sickness, shall have attended the district school 
in the district where such child had its residence during the 
whole time such school was kept in the district during said 
year, such child may be employed as aforesaid, in the same 
manner as if the child had attended an academy or school as 
aforesaid for the full term of six months. Laio^ 1848, ch. 
622; G. S. ch. 84, sec. 2. 

23. The owner, agent or superintendent of any manufactur- 
ing establishment who shall employ any child to labor in such 
establishment, unless a certificate is lodged with the agent or 
clerk thereof, signed by the teacher under whose charge such 
instruction was received, or by the prudential committee of 
the district in which such child attended school as aforesaid, 
certifying that said child has attended school as provided by 



48 INSPECTION OF SCHOOLS. 

the first and second sections of this chapter, shall forfeit and 
pay the sum of fifty dollars for each ofience, to be recovered 
by indictment to the use of the complainant. Laws 1848, sec. 
3; G. S. cA. 84, sec. 3. 

24. The Form of a Petition to dismiss a teacher may be 
thus : 

To the Superintending School Committee of the Town of JV. 

We, the subscribers, a majority of all the legal voters in 
school district No. 3, in said town, respectfully request you 
forthwith to dismiss R. M., a teacher of the school in said dis- 
trict, as he is in our opinion not qualified to teach the same. 

A. B. 

jy-— , December 6, 1852. C. D., &c. &c. 

The Order of Notice may be as follows : 

Upon the foregoing application, it is ordered that a hearing 
be had thereon at the dwelling-house of A. B., in N., on the 
eighth day of December instant, at two of the clock in the 
afternoon, and that notice thereof be given to the parties, by 
giving to the said B. M. in hand an attested copy of the said 
application and of this order, and by posting up a like notice 
on the school-house in said district, at least twenty-four hours 
before said time of hearing. 

A. B. ") S%ii:>erintending 
C. D. [ School Com- 
E. F. J mittee of N-~. 
December 6, 1852. 

The copies should be attested thus : 

A true copy. Attest : 

A. B. ") Superintending 
C. B. [ School Com- 
E. F. 3 mittee of N—. 

The Affidavit of Service may be as follows : 

I certify that on the sixth day of December, 1852, at seven 
o'clock in the afternoon, I gave in hand to said B. M. a copy 
of the within application and order of notice, attested by said 
superintending school committee, and on the same day, at 



INSPECTION or SCHOOLS. 49 

eiglit o'clock in the afternoon, I posted up a like copy on tlie 
school-house in said district. J. S. 

Hillsborough ss., Dec. 8, 1852. Personally appeared J. 
S. and made oath that the above certificate by him signed is 
true. Before me, 

J. P., Justice of the Peace. 

The Order or Dismissal on such petition may he thus : 

To R. M., a Teacher of the District School in School District 
No. 3, in the Town of JSf. 

Whereas the majority of the legal voters in said district 
have petitioned us to dismiss you from your said situation, and, 
after due notice and hearing the parties, it is our judgment 
that it will best promote the interest of the district that you 
should be dismissed from said school ; we do therefore 
dismiss you therefrom, and you will take notice that from and 
after the day on which you receive this notice your employ- 
ment as a teacher in said school will cease. 

Gr. H. ~) Superintending 
L. 0. B. [ School Com- 
E. S. 3 mittee of N—. 
iV— , December 8, 1852. 

The Form or a Dismissal for unfitness may be thus : 

To R. 3£j a Teacher of the School in School District No. 3, 

in the Toivn of N 

Whereas we have made examination of said school, and of 
its management and instruction, and are satisfied that the 
scholars do not make suitable progress in their studies, and 
that you do not possess the requisite qualifications for a use- 
ful teacher of said school, you will therefore take notice, that 
from and after the day on which you receive this notice your 
employment as a teacher in said school is at an end. 

L, C. B. ") Superintending 

D. D. P. \ School Com- 

E. S. 3 mittee of N—. 
N—j December 8, 1852. 

23. The Form of a Certificate of Qualifications may 
be : 

o 
o 



*■ 



*■ 



50 



FORMS. 



To whom it may concern : This certifies tliat we have ex- 
amined A. B., in respect to his qualifications to teach the 
various branches required to be taught by a schoolmaster (or 
mistress) in the district schools in this State, and are of opin- 
ion that he is qualified according to law. 

Witness our hands this day of 

L. C. B. 

D. P. P. 

E. S. 



1852. 

\ Superintending 
y School Gom- 
) mittee of N- — . 



The Form of a Certificate of Character may be thus : 

To whom it may concern : This certifies that we have been 
acquainted with the bearer, A. B., of this town, and that said 
A. B. is a person of good moral character. 

N. B., L. H., &c. 

24. The superintending committee, in making their annual 
report, will find it convenient to make a table, as a part of the 
report, something in the following form : 



t2j 
O 



U 



ui 



t= I— ' 



Names of Teachers. 






o 

O CD 

o a> 






Pj go cr 

CS> H C!> 

Pj CO i-S 

o "^ 5 

O 1—1 <^ 

■ s p 

t ^ 

o g. 



pi 

CD C' 



2 S ^ p 



ct> lo i-s 

K) 1— 1 02 

^^ 3 

CO ai 

Pj «> 9 



1 


1st. 1 


Miss S. A. C. 


|16| 


13 


1 27 


40 







2d. j 


Mr. E. K. 


|12| 





1 40 1 




9 


1st. 1 


Miss C. E. G. 


|16| 





1 45 j 


45 


1 




2d. 1 


Mr. W. W. 


! 9| 





1 36 1 





Other columns may be added, as, amount of money assigned 
to each district, icages of teachers, number of males and 
females attending school, average. attendaMce, number in each 
class, hoohs, &c., &c. 



5i 



CHAPTEK 6. 



OF HIGH SCHOOLS. 



10. 



1. Districts may unite and form 

high schools. 

2. United districts made corpora- 

tions. 

3. Officers, how appointed. 

4. Powers of associated districts. 

5. School money, how assigned. . 

6. What branches of education to 

be taught. 

7. Associated districts may raise 

money. 

8. Act not in force unless adopted 

by the town. 

9. Any school district may adopt 

the Somersworth act. 

or HIGH SCHOOLS IN THE TOWN OF SOMERSWOETH. 



Superintending school commit- 
tee, how appointed. 
Districts containing 100 schol- 
ars may maintain high schools. 
School meetings to be held in 

March. 
Manner of calling meetings. 
If prudential committee neg- 
lect. 
District of 100 scholars may 

adopt chapter 81. 
Selectmen to assess taxes. 
17. Selectmen to lay out land for 
school-house. 



11. 

12. 

13. 
14. 

15. 

16. 



18. Selectmen to appoint superin- 

tending school committee. 

19. Powers and duties of said com- 

mittee. 

20. High schools may be established. 

21. S. S. committee to divide schol- 

ars into classes, and pre- 
scribe their qualifications. 



22. 
23. 
24. 



25, 



District may purchase .land. 

District may hire money. ^ 

General laws relating to sch(H*ls, 
inconsistent with this act, 
not in force in district. 

Time act takes effect. 



1. Any two or more contiguous school districts, in any town 
or towns in this State, may associate together and form a 
union, for the purpose of establishing and maintaining a high 
school or high schools, for the instruction of the older ^ and 
more advanced scholars belonging to the several associated 
districts ', hut no vote of any district to associate with another, 
or others, shall be valid, unless passed by two thirds of the 
voters present, at a legal meeting called and holden for the 
purpose. Statutes 1845, ch. 220, sec. 1', G. S. ch. 79, sec. 1. 

2. When a union shall have been so formed, the associated 
districts shall be a body politic and corporate, under the naiue 

of the high school associated districts of , (the town in 

which they may be,) and shall have, possess and enjoy all the 
powers and privileges conferred, and be subject to all the 



62 HIGH SCHOOLS. 

duties and liabilities imposed on school districts by the gene- 
ral laws of the State, except as is herein otherwise provided ; 
and all laws in relation to calling meetings in school districts, 
and the officers thereof, and their duties, shall be taken and 
deemed to be applicable to calling meetings in high school 
associated districts, and to choosing officers thereof, and their 
duties, except as herein otherwise provided. Ihid., sec. 2i. 

3. The officers of high school associated districts shall be a 
moderator, clerk, and prudential committee. The several 
prudential committees of the districts so associated shall be 
members of and constitute the prudential committee of the high 
school associated districts; but if in any district the pruden- 
tial committee shall consist of more than one person, then the 
chairman only of such committee shall be a member of the 
prudential committee of the high school associated districts. 
Said last mentioned committee shall have power to determine 
the age and qualifications of the scholars who may attend the 
high school or high schools, employ teachers, and make rules 
and regulations for the studies and discipline of such school 
or schools, which shall not, however, be in force until ap- 
proved by the superintending school committee of the town. 
Ihid., sec. 3. 

4. All high school associated districts shall have power to 
purchase land for building school-houses thereon ] to build 
school-houses and other necessary buildings ] to remove, alter, 
repair and furnish the same; to hire school-houses, or other 
buildings or rooms, for keeping a high school or high schools 
therein, and to raise money for the several purposes aforesaid. 
And the mode, directed by the laws in force to be pursued to 
raise and collect money in school districts for building school- 
houses, shall be pursued in raising and collecting money for 
the above purposes in high school associated districts. Ibid.y 
see. 4. 

5. A portion of the school money assigned by the select- 
men to each of the several districts so associated, not exceed- 
ing one fourth part of the same, shall be appropriated to the 
maintenance of said high school or high schools, and shall be 
paid to the prudential committee of the high school associated 
districts. And said committee, in conjunction with the su- 
perintending' school committee of the town, shall annually 
determine what portion of said school money shall be so ap- 
propriated and paid, which determination shall be in writing 
and recorded. Ihid.y sec. 5, 



HIGH SCHOOLS. 53 

* 6. The teacher of every high school shall be competent to 
instruct in all the branches of English education prescribed 
to be taught in common schools, and shall be also competent 
to teach history, philosophy, chemistry, botany, book-keeping, 
surveying, geometry, algebra, rhetoric and logic, all which 
branches, and also the ancient and modern languages, may be 
taught in such high schools. Ihid., sec. 6. 

7. The said high school associated districts may raise money 
to be appropriated exclusively to paying, in part, the salaries 
of the teachers of the high schools therein, the same proceed- 
ings being had which are prescribed by law for raising and 
collecting money to build school-houses ; but no vote to raise 
money for that purpose shall be valid unless passed by two 
thirds of the voters present. Ihid., sec. 7. 

8. This act (the seven preceding sections) shall apply to 
such towns only as at any meeting, duly notified and held for 
that purpose, shall have adopted its provisions ; an article 
being inserted for that purpose in the warrant for said meet- 
ing. Laics of 1845, ch. 220, sec. 8, amended hy laws of 
1852, ch. 1231; G. S. cTi. 79, sec. 8. 

The forms of votes, &c., for the purpose of uniting two or 
more districts, will appear sufficiently by reference to chapter 
1; section 16. 

9. The provisions of the act passed June nineteenth, A. D. 
eighteen hundred and forty-eight, entitled an act relating to 
school district number three, in Somersworth, (chapter eighty- 
one of the comp. statutes,) are hereby extended and made appli- 
cable to all school districts which may adopt said act at legal 
meetings held for that purpose, and' all the authority and 
power given in and by the said act to school district number 
three in Somersworth, are hereby conferred upon any school 
district which may adopt the same. Laws of 1848, ch. 718, 
sec. 1; C. S. ch. 79, sec. 9. 

10. Any school district which may adopt the said act, 
(chapter eighty-one of the comp. statutes,) may elect their own 
superintending committee at any legal meeting held for that 
purpose in the month of March annually, and in case such 
committee shall not be chosen by the district, then the select- 
men of the town in which such district may be located, shall 
appoint a special superintending school committee for said 
district. Laws of 1848, ch. 718, sec. 2; C. JS. ch. 79, sec. 10. 

11. When the number of scholars in any school district 



64 HIGH SCHOOLS. 

shall exceed one hundred, sueli district may vote to keep such 
high school or schools therein as the interests of education 
may require. This act (this section) shall not he so con- 
strued as to limit or impair the powers conferred on school 
districts by an act entitled ^^ an act to empower school districts 
to establish and maintain high schools/^ approved Dec. 19, 
1848. Sections 9 and 10 of this chapter. Laws of 1848, 
cli. 729, sees. 3 and 4 ; C. S. cli. 79, sec. 11. 

12. In those towns which have adopted or shall adopt the 
provisions of chapter seventy-four of the revised statutes, in 
relation to schools in the town of Portsmouth, (the three first 
and eleven last sections of chapter eighty of the compiled stat- 
utes,) there shall be in each school district a meeting of the 
inhabitants of said district, Cjualified to vote in town affairs, 
holden annually in the month of March, for the choice of 
school committee, and to transact the other business of said 
district; and the prudential committee of said district shall 
issue their warrant, stating the time, place and purposes of 
such meeting, directed to one of the constables of said town, 
requiring him to notify said meeting. Laws q/1846, cA. 320, 
sec. 1 ; G. S. ch. 79, sec. 12. 

13. The constable to whom said warrant is directed shall 
notify said meeting by posting up a copy of said warrant, at- 
tested by himself, at least seven days prior to said meeting, in 
one or more public places in said district, and shall make a re- 
turn of his doings therein to the secretary of said district on 
the day of said meeting; and said secretary shall record the 
same in the records of said district. Special meetings may be 
called at any time in the same manner. Laios of 1846, c7i. 
320, sec. 2 and 8; C. S. ch. 79, sec. 13. 

14. If the prudential committee shall neglect to warn such 
annual meeting on or before the fifteenth day of March, or 
shall neglect, for the space of ten days, after application made 
in writing by ten or more voters of the district, to call any 
such special meeting, any justice of the peace in such town, 
upon a like application, may call such annual or special meet- 
ing, by issuing his warrant and causing a copy thereof to be 
posted up, as herein before prescribed. Laios of 1846, ch. 
.320, sec. 4; C. S. ch. 79, sec. 14. 

15. Any school district, having one hundred scholars or 
more, which has adopted or may hereafter adopt the act relat- 
ing to school district number three in Somersworth (chapter 



HIGH SCHOOLS. 55 

eighty-one of tlie comp. statutes^) shall be authorized at the an- 
nual meeting, or at any other meeting held for that purpose, 
to raise such sum of money as they may deem necessary for 
the support of a high school in such district. Laws of 1850, 
ch. 989, sec. 1; G. S. ch. 79, sec. 15. 

16. It shall be the duty of the selectmen of the town in 
which such district is located, seasonably to assess the tax 
aforesaid upon the inhabitants and estates in such district, in 
the same manner as school-house taxes are raised, and cause 
the same to be collected and paid over to the prudential com- 
mittee of such district. Laws of 1850, ch. 989, sec. 2 ; G. 
S. ch. 79, sec. 16. 

17. "Whenever the location for the school-house and other 
buildings for the use of the high school shall have been fixed 
upon agreeably to the provisions of the seventy-first chapter of 
the revised statutes (seventy-five of the comp. statutes,) and the 
owner of the land shall refuse to sell the same for a reasona- 
ble price, the selectmen shall have power to lay out the same, 
not exceeding one-half acre of land, in the manner prescribed 
in the seventh section of said seventy-first chapter (seventy- 
five of the comp. statutes.) Lavjs of 1850, ch. 989, sec. 3 ; 
G. S. ch. 79, sec. 17. For forms, &c. see ch. 2. 

OF HIGH SCHOOLS IN THE TOWN OF SOMERSWORTH. 

18. The selectmen of the town of Somersworth shall annu- 
ally, on or before the twentieth day of April, appoint a su- 
perintending school committee for school district number 
three in said town, consisting of not less than five nor more 
than seven, all resident in said district, who shall hold their 
offices for one year and until others are appointed in their 
place ; and when any vacancy may occur in said committee, 
the same may at any time be filled by appointment by the 
selectmen. Laws 1848, ch. 631, sec. 1 ; G. S. ch. 81, sec. 1. 

For form, of appointment^ see ch. 41, sec. 1. 

19. Said committee shall choose a chairman and secretary, 
and shall be invested with all the powers and perform all the 
duties in said district that superintending school committees 
are authorized or required to perform in towns, by virtue of 
any laws now existing, or which may from time to time exist 
in relation to superintending committees of town schools. 
They may appoint sub-committees from their own board, and 



66 HIGH SCHOOLS. 

prescribe their powers and duties^ and may adopt "by-laws for 
their own government and for regulating the schools in said 
district. Ihid., sec. 2. 

20. There may be kept and maintained in said district one 
or more high schools, in which may be taught all the branches 
usually taught in English grammar schools, and such addi- 
tional branches as the superintending committee may direct ; 
and the teachers of such high schools shall be qualified to 
instruct youth in the yarious branches required to be taught 
in English grammar schools, together with such additional 
branches as the superintending committee shall direct to be 
taught in such high schools. Ihid., sec. 3. 

21. The said superintending committee shall divide the 
scholars in said district into such divisions and classes, accord- 
ing to location or accjuirements, or both, as they may consider 
judicious, and shall direct what school each class or division 
shall attend; shall prescribe the qualifications necessary for 
admission into the high schools, and regulate the transfer of 
scholars from one school to another. Ihid., sec. 4. 

22. Said district is hereby authorized to purchase and hold 
such Cj[uantity of land for school-house lots, not exceeding three 
acres in any one lot, and erect such school-houses thereon as 
may be determined on by vote of the district. Ihid., sec. 5. 

23. Whenever the cost of erecting any school-house shall 
exceed two thousand dollars, including the cost of the lot, said 
district may hire the excess above said two thousand dollars 
on the district's note, signed by the prudential committee, or 
any other persons or committee authorized by vote of said 
district ; and the sum so hired, with interest thereon, may be 
assessed and collected in future years, as said district may by 
vote determine. Ihid., sec. 6. 

24. Any provision contained in the- general laws of this State 
relating to schools, which may be inconsistent with the pro- 
visions of this act, shall not be in force in said district after 
the time when this act shall take effect therein. Ihid., sec. 7. 

25. This act shall be in force from its passage, biit shall not 
take effect in said district until adopted by a vote thereof, at 
a meeting called for that purpose. Ihid., sec. 8. 



57 



CHAPTEH 7. 
or TRUANT CHILDEEN AND ABSENTEES FROM SCHOOL. 



1. Towns empowered to make all 

needful arrangements in re- 
lation to truants, &c. ; pow- 
ers described. 

2. Officers, how appointed ; duties 

defined. 

3. Minors between the ages of six 

and sixteen may be commit- 
ted to house of instruction, 
reformation, or other place, 
&c. 



4. Minors unable to pay fine may 

be discharged in certain ca- 
ses. 

5. Fine may be remitted by giving 

bond to attend school, pay- 
ing costs, &c. 

6. Act to be in force in such towns 

and cities as adopt it. 



1. Each of the several cities and towns in this State he and 
they hereby are authorized and empowered to make all need- 
ful provisions and arrangements concerning habitual truants 
and children not attending school, without any regular and 
lawful occupation, growing up in ignorance, between the ages 
of six and sixteen years; and also all such ordinances and by- 
laws respecting such children as shall be deemed most condu- 
cive to their welfare and the good order of such city or town ; 
and there shall be annexed to such ordinances suitable penal- 
ties, not exceeding for any one breach a fine of ten dollars : 
provided, that said ordinances and by-laws shall not be repug- 
nant to the laws of this State. Jjaivs of 1852, ch. 1278. sec. 
1- C. S. ch. 78, sec. 1. 

2. The several cities and towns availing themselves of the 
provisions of this act, may appoint, in the same manner that 
other officers are appointed by said city or town, three or more 
persons, who alone, or any one of whom, shall be authorized to 
make the complaints in every case of viohition of said ordi- 
nances or by-laws, to the justice of the peace or other judicial 
ofiftcer who, by said ordinance, shall have jurisdiction of the 
matter, which persons, or one of them, shall alone have au- 
thority to carry into execution the judgments of said justice of 
the peace or other judicial officer. Laics of 1848, ch. 1278, 
sec. 2; C. JS. ch. 78, sec. 2. 

3. Any minor between the ages of six and sixteen years, 
convicted under the provisions of this act, of being an habitual 

3* 



58 ABSENTEES FROM SCHOOL. 

truant, or of not attending school, or of being without any 
regular and lawful occupation, or growing up in ignorance, 
may, at the discretion of the justice of the peace or judicial 
officer having jurisdiction of the case, instead of the fine men- 
tioned in the first section, be committed to any said institution 
of instruction, house of reformation, or suitable situation as 
may be provided for the purpose under the authority given in 
said first section, for such time as such justice or judicial offi- 
cer may determine, not exceeding one year. Laws of 1848, 
ch. 1278, sec. 3 ; G. S. ch. 78, sec. 3. 

4. Any minor convicted of either of said offences, and sen- 
tenced to pay a fine, as provided in the first section, may in 
default of payment thereof be committed to said institution, 
house of reformation, or suitable situation provided as afore- 
said, or to the county jail, as provided in the case of non-pay- 
ment of other fines. And upon joroof that said minor is una- 
ble to pay said fine, and has no parent, guardian or person 
chargeable with his support, able to pay the same, he may be 
discharged by said justice or judicial officer, whenever he shall 
see fit. Laws of 1848, ch. 1278, sec. 4 ; G. S. ch. 78, sec. 4. 

5. If any minor, convicted of any offence mentioned in the 
foregoing act, shall, within twenty-four hours after said con- 
viction and sentence, give a bond to said town or city in the 
penal sum of twenty-five dollars, with good and sufficient sure- 
ties, to be approved by said justice or other judicial officer 
before whom said minor was convicted, that he will attend 
some district or other school, in said town or city, for one 
term, that the same shall be in operation next after said con- 
viction and sentence, that he will voluntarily comply with all 
the regulations of said school, and will be regular and constant 
in his attendance upon the same, except in case of ill health, 
and will at all times be obedient and respectful to the teacher, 
said justice or other judicial officer shall have power, upon the 
payment of all costs, and upon the filing of said bond as afore- 
said, to remit said fine. Laios of 1848, ch. 1278, sec. 5 ; G. 
S. ch. 78, sec. 5. 

6. This act shall take effect and be in force in such towns 
only as shall at some legal meeting adopt the same^ and in 
such cities as shall by their city government adopt the same, 
and make such ordinances and by-laws as may be necessary to 
enforce its provisions. Jjaios of 1848, ch. 1278, sec. 6; G. 
S. ch. 78, sec. 6. 



59 



CHAPTER 8. 



OF SCHOOLS IN THE TOWN OF PORTSMOUTH. 



1. High schools to be kept. 

2. Prudential committee, choice. 

3. Prudential committee, duty. 

4. High school committee, what. 

5. High school committee, duty. 

6. Vacancies, how filled. 

7. Reports to be made by both. 

8. Scholars, how selected. 



9. Qualifications of teachers. 

10. Glass books, how determined. 

11. Money, how apportioned. 

12. Town may raise more money. 

13. Neglect to assess, penalty. 

14. General school laws in force. 

15. This chapter adopted, how. , 



1. There shall be kept and maintained in the town of Ports- 
mouth, in addition to the district schools, at least two high 
schools, one for males and the other for females ; in which 
shall be taught all the branches usually taught in an English 
grammar school, with such additional branches as the town 
may direct. R. JS. cli. 74, sec. 1 ; G. S. ch. 80, sec. 1. 

2. The prudential committee of each district shall consist of 
three or more persons, to be chosen by ballot by the district, 
the first named of whom shall be chairman, and to hold their 
office until the next annual meeting, and until others are 
chosen and qualified in their stead. Ihid., sec. 2. 

3. They shall perform all the duties of the superintending 
school committee as well as of a prudential committee, except 
as is hereinafter specified, and shall determine and direct what 
class-books shall be used in their respective district schools, 
which shall be furnished by the parents, master or guardian 
of any child attending said school. Ihid., sec. 3. 

4. The prudential committee of the several school districts in 
the town of Portsmouth shall together constitute a superin- 
tending committee, of which the chairman of the prudential 
committee in district number two shall be chairman, and shall 
possess and exercise all the powers given by law to superin- 
tending school committees in other towns in this State, so far 
as relates to determining and directing the class-books to be 
used in the district schools. Laios of 1847, ch. 497; C. S. 
cli. 80, sec. 4. 

5. They shall examine and contract with the teachers of the 
high schools, fix and pay their salaries, provide all necessary 



60 SCHOOLS IN PORTSMOUTH. 

fuel and apparatus for the schools^ receive and appropriate the 
money assigned to such schools, regulate the admission of 
scholars, prescribe the class-books to be used, and transact all 
other business relating to the government of said schools. R. 
S. ch. 74, sec. 5 ; C. S. ch. 80, sec. 5. 

6. If there shall be a vacancy in either of said committees, 
either from neglect to choose, or any other cause, the select- 
men shall immediately fill such vacancy. Ihid., sec. 6. 

7. Each prudential committee and the high school commit- . 
tee shall annually, on or before the first day of March, make 
a report of their doings to the selectmen, containing an account 
of their receipts and expenditures for the year, the number of 
schools under their control, the number of pupils of each sex 
belonging to each school, the average number of each sex at- 
tending school, their ages, the various branches of study 
taught in each school, and the number of scholars in each 
branch, and such other matters as may serve to present a gen- 
eral view of the condition of each school; and the selectmen 
shall lay such reports before the town at its annual meeting. 
Ihid., sec. 7. 

8. Said high schools shall be for the common benefit of all 
the districts of said town, and each district may send an equal 
proportion of scholars, possessing the requisite qualifications, 
to each of the high schools, under such regulations as may 
from time to time be established by the high school commit- 
tee, and this proportion shall be determined as nearly as may 
be by the number of pupils attending school in each district. 
Ihid., sec. 8. 

9. No person shall be employed as a teacher in either of said 
high schools who is not qualified to teach English grammar, 
book-keeping, geometry, surveying, navigation, mensuration, 
algebra, astronomy and natural history, besides the qualifica- 
tions required of teachers of district schools. The town or the 
high school committee may require such additional qualifica- 
tions as they shall think expedient. Ihid., sec. 9. 

10. The high school committee shall determine and direct 
what class-books shall be used in the several high schools, 
which shall be furnished by the parents, master or guardian of 
every child attending said schools. Ihid., sec. 10. 

11. The selectmen shall annually assign and pay over to 
the high school committee such portion of the school money as 
they shall think sufiicient for the support of said schools, or as 



SCHOOLS IN PORTSMOUTH. 61 

the town sliall direct ; and shall assign and pay over the bal- 
ance to the several district committees, as nearly as may be in 
proportion to the number of scholars in each district respec- 
tively. Ibid., sec. 11. 

12. Said town, at its annual meeting, or at any meeting 
called for that purpose^ shall raise so much money as is neces- 
sary for erecting, enlarging, repairing, purchasing, removing 
or hiring school-houses and other buildings for the accommo- 
dation of schools therein, with necessary furniture and appara- 
tus, and the selectmen shall assess such sum upon the polls 
and ratable estates within the town, and shall cause the same 
to be collected like other town taxes, and shall appropriate the 
same for the purposes for which it was raised. Ibid., sec. 12. 

13. If the selectmen shall neglect to assess, collect, appor- 
tion, pay over or appropriate any sum of money in the man- 
ner prescribed by law; or if either of the committees aforesaid 
shall neglect so to appropriate, or shall misappropriate the 
same, the person so offending shall be liable to the same 
penalty provided in case of neglect of selectmen to assess and 
apportion school money. Ibid., sec. 13. 

14. All the provisions contained in the general laws of this 
State relating to schools, shall be in force in the town of 
Portsmouth, except so far as the same are herein modified or 
rescinded. Ibid., sec. 14. 

15. Any town, at its annual meeting, or at any meeting 
lawfully called for the purpose, may adopt the provisions of 
this chapter, which shall then extend and apply to such town 
as fully as to the town of Portsmouth. Ibid., sec. 15. 



62 



CHAPTER 9. 

OE COMMISSIONERS OF COMMON SCHOOLS AND 
TEACHERS' INSTITUTES. 



1. County sciiool commissioners to 

be appointed. 

2. County school commissioners to 

meet in Concord. 
S. Superintending school commit- 
tees to make returns. 

4. Penalty for not making returns. 

5. Penalty for neglect of superin- 

tending school committee to 
make returns. 

6. Duty of commissioners. 

7. Board of education to make re- 

port. 

8. Compensation of commissioners. 

9. Salaries, when paid. 



of 



as 



10. Commissioners to be compen- 

sated for stationery, &c. 

11. Additional compensation 

commissioners, 

12. Compensation of secretary. 

13. Commissioners not to act 

agents for books, &c. 

14. Commissioners' services, when 

to commence. 

15. Towns may raise money to 

support teachers' institutes. 

16. Towns to appropriate three 

per cent. 

17. Selectmen authorized to pay 

the same to county school 
commissioner. 



1. The governor and council shall annually appoint a com- 
missioner of common schools in each county of this State, who 
shall hold his office one year from the fifteenth day of July. 
LaiDS of 1850, ch. 955, sec. 1 ; G. S. ch. 82, sec. 1. 

2. The several county commissioners shall meet in Concord, 
at the capitol of this State, on the third "Wednesday of Au- 
gust, and shall in their associated capacity constitute a board 
of education, with the power of choosing a chairman and 
secretary ; and shall recommend such books as may appear to 
them most suitable to be used in common schools, and such 
methods of instruction, modes of government and discipline 
to be pursued in said schools as may seem best adapted to 
promote their usefulness. Ihid.y sec. 2. 

3. The superintending school committee in each town shall, 
immediately after the close of the winter schools, and on or 
before the first day of April in each year, transmit to the sec- 
retary of state, to be by him delivered to the secretary of the 
board of education, a copy of the report presented by them to 
the town at its annual meeting, and also at the same time 
shall forward to the secretary of state for the same purpose, 



COMMISSIONER OF COMMON SCHOOLS. 63 

according to forms by him provided, answers to all such ques- 
tions relating to the appropriation of money raised in the 
town, the studies pursued in the schools, the books used, the 
methods of instruction and discipline adopted, the condition 
of the school-houses, and such other subjects relating to the 
schools as shall from time to time be proposed by the board of 
education, by direction of the governor and council. Ibid., 
sec. 3. 

4. No town from which such returns shall not have been 
received by the secretary of state on or before the first day of 

•April, shall be entitled to receive its portion of the literary 
fund for that year ; and such portion of the fund shall be dis- 
tributed among the towns entitled to receive the same, unless, 
before the third Tuesday of June following, it shall be made 
to appear to the governor and council that the neglect to make 
return was occasioned by some mistake or accident ; provided, 
the secretary of state shall have notified the selectmen of such 
town, by the, first day of May, that said return has not been 
received by him, and unless the said return shall be thereupon 
made to the secretary of state by the twentieth of the same 
month. Ibid., sec. 4. 

5. The superintending school committee of any town, neg- 
lecting to make a return of the schools of said town to the 
secretary of state agreeably to the provisions of this chapter, 
shall be responsible to said town for the amount of the literary 
fund forfeited through his negligence. Lavjs o/ 1851, ch. 
1102, sec. 1 5 a S. ch, 82, sec, 5. 

6. It shall be the duty of the county commissioners to 
spend not less than one day in each town of his county each 
year, for the purpose of promoting, by addresses, inquiries and 
other means, the cause of common school education, and to 
report his doings to the secretary of the board of education. 
It shall also be the duty of each county commissioner to take 
charge of any teachers' institute that may be held in his 
county. Laws of 1850, cJi. 955, sec. 5 ; G. S. cli. 82, sec. 6. 

7. The board of education shall annually, in the month of 
June, through their secretary, make to the general court a 
report upon the common schools of the State, comprising the 
substance of the returns from the several towns, and siich 
information and suggestions as may seem useful to said board. 
And the secretary of the said board shall procure, at the ex- 
pense of the State, the printing of six hundred copies of the 



64 COMMISSIONER OF COMMON SCHOOLS. 

report^ and lay them before tlie general conrt^ to be disposed 
of at tbeir discretion^ and shall procure annnally the printing 
of an additional copy of said report for the use of each school 
district in the State. Laws of 1850, cJi. 955, sec. 6, amended 
ly laws of 1852, cli. 1251 ; G. S. ch. 82, sec. 7. 

8. The annual salaries of the commissioners of common 
schools in the several counties shall be as follows : 

Rockingham, one hundred and seventy dollars. 
Strafford, seventy-five dollars. 
Belknap, sixty dollars. 

Carroll, eighty dollars. • 

Merrimack, one hundred and thirty dollars. 
Hillsborough, one hundred and fifty-five dollars, 
Cheshire, one hundred and twenty dollars. 
Sullivan, ninety dollars. 
Grrafton, one hundred and eighty-five dollars. 
Coos, one hundred and thirty-five dollars. Laios of 1850, 
cli. 955, sec. 7. , 

9. The salaries of commissioners of common schools shall 
be paid semi-annually, from the State treasury. Sec. 8. 

10. Each commissioner shall also be compensated for such 
reasonable sums as he may have expended for stationery, 
printing, postage, and the transmission of blank forms and 
circulars ; his account for the same having been allowed by 
the governor and council, and the governor and council are 
hereby authorized to draw the same by warrant from the 
treasury. Sec. 9. 

11.. Whenever the several county commissioners meet as a 
board of education, they shall, in addition to their annual sal- 
ary, receive the same mileage as the members of the house of 
representatives, and the same per diem allowance, not exceed- 
ing two days. Laios 1850, ch. 955, sec. 10 ; C. S. ch. 82, 
sec. 11. 

12. The secretary of the board of education shall receive 
two dollars per day while employed in preparing his annual 
report, which sum, together with the mileage and per diem 
allowance of the several commissioners, shall be paid as pro- 
vided in section tenth of this chapter. Laws 1850, ch. 955, 
sec. 11; C. S. ch. 82, sec. 12. 

13. No commissioner shall be employed as an agent of 
any bookseller or publisher of books, or in the sale of any 
books ; and if it shall appear to the governor and council that 



COMMISSIONER OF COMMON SCHOOLS. 65 

any commissioner has been tlin.s employed, lie shall not he 
entitled to any compensation for his services. Lcaus 1850, 
ch. 965, sec. 12 j G. S. ch. 82, sec. 13. 

14. The several county commissioners shall commence their 
services as such on the first Monday in December. Laws 
1850, ch. 955, sec. 13 _; C. S. ch. 82, sec. 14. 

15. Any town in this State, at a legal meeting for that pur* 
pose, may raise, in addition to the amount by law required to 
be raised therein for the support of common schools, a sum 
not exceeding five per cent, of such amount, to be applied to 
the support of a teachers' institute within the limits of the 
county in which said town is situated. La^vs of 1846, ch. 
338 ; C. JS. ch. 82, sec. 1. 

The two following resolutions have been passed in relation 
to this subject : 

16. Resolved by the Senate, &c.. That a sum equal to three 
per cent, of the amount required by law to be raised for the 
support of common schools in each town, be appropriated by 
said town for the support of teachers' institutes in each 
county. Laujs of 1851, ch. 1156 ; G. S. ch. 83, sec. 4. 

17- Resolved, That the selectmen of each town in this State 
be authorized to pay over to the school commissioner of their 
county the sums by law required to be appropriated by said 
town for the support of teachers' institutes. Laivs of 1852, 
ch. 1326; 0. S. c^. 83, sec. 3. 



INDEX. 



SCHOOL LAWS. 



Absentees from school, 57 

Action against Selectmen if tliey 

refuse to assess tax, 41 

Affirmation may be substituted 

for oath, 19 

Aliens not to vote, 18 

Application to prudential com- 
mittee to use check list, 
form, 21 

for district meeting to pru- 
dential committee, form, 24 
to Selectmen, form, 24 

to fill vacancy in district offi- 
ces, form, 26 
to set off school districts, 

form, 8 

for appraisal of district prop- 
erty, foiTH, 9 
order of notice on, form, ^ 9 
return of notice on, form, 1 
Appointment of district ofl&cers, 

form, 26 

of committee to locate school 
house, form, 34 

Appraisal of district property 

and form, 10 

Assessment of taxes for schools, 38 
for school houses, 32 

Award on appraisal of property, 

form, 10 

Bank tax to constitute literary 

fund, 40 

how distributed, 40 

Bartlett, town o/" exempt from di- 
vision into districts, 14 
JBoard of Education, how consti- 
tuted, 62 
powers and duties of, 62 
reports to be made to, 62 



Board of Education, commission- 
ers to make report to, 63 

to meet, when, 63 

to make report, 63 

compensation of, 64 

secretary of, duties of, 63 

pay of, 64 

Bond may be required of treas- 
urer of school district, 6 

prudential committee, 6 

Boohs for schools, how, 45 

to be directed by supt. com- 
mittee, 45 

parents and guardians to 
furnish, 45 

sectarian and political ex- 
cluded, 45 

poor children to be furnished 
with, 45,46 

school commissioners not to 
be agents for sale of, 64 

Boundaries of school districts 

must be defined, 12 

By-Laws, towns may make re- 
specting truants, 57 

Certificates to be produced by 
teacher, 45 

of qualifications of teacher, 

form, 49 

of character of teacher, form,50 
of return of warrant, form, 22 
Certified copy, what is, 20 

Check list used at annual meet- 
ing of district, 21 
how posted and corrected, 21 
application to prud. com. 

to use, 21 

when necessary, 21 

form of, 21 



INDEX. 



67 



Chech List, act adopted by towns, 

effect of, 21 

Children, poor, to be furnished 
with books, 45,46 

employed in factories to at- 
tend school, 47 
penalty for employing, 47 
Cities, power to make ordinances 

concerning truants, 57 

to appoint agents to carry 
into effect tr^iant act, 57 
Cleric of School District, choice, 

duties, &c., 18 

vacancy, how filled, 20 

application to appoint, form, 26 
appointment of, form, 26 

to record dismission of pru- 
dential committee, 29 
to certify votes to raise 

money, 19 

form of certificate, 29 

not liable for certifying, 29 
to administer oath, 18 

to be sworn, 19 

to keep records, 19 

to certify records, 19 

to deliver certified copy of 
votes, 19 

Collector, warrant of, no protec- 
tion unless district defined, 12 
Commissioners of Schools, how 

appointed, 62 

returns of to be made, 63 

powers and duties of, 62,65 
compensation of, 64 

to form board of education, 62 
to take charge of teachers' 

institutes, 63 

salaries, when and how paid, 64 
compensation for stationery, 

&c,, 64 

not to be agents for sale of 

books, 63 

duties to commence, when, 65 
money for teachers' insti- 
tutes, paid to, 65 
Committees, Superintending, how 
chosen, 43 
powers and duties of, 43,45 
See Superintending Commit- 
tees, • 43 
Committee, Prudential, how cho- 
sen, 18 



Committee, Prudential, powers 

and duties of, 20 

if not authorized, he binds 

himself, _ 29 

See Prudential Committee, 18,21 
Contracts made by prudential 

committee are binding, 22 
Corporations, public, school dis- 
tricts are, • 6 
high sclfool districts are, 51 
may be destroyed or modi- 
fied, 38 
Cost of locating school-house, by 

whom paid, 31 

when paid to county, 39 

Dismission of prudential com- 
mittee, form, 28 

of teachers, form, 49 

Districts. See School Districts. 
Disturbing School, penalty for, 44 
Division, warrant for, 7 

into districts by vote of the 
town, 6 

vote making, 8 

must be territorial, 6 

Education, Board of 'See Board 

of Education, 62 

Evidence of school meetings, 12 

Executions against school districts, 

proceedings on, 7 

how collected, 7 

Factories, children not employed 

in, when, 47 

Furniture for school-house, 30 

district to fm-nish, 30,33 

High Schools, districts may unite 

to form, 51 

officers of, duties, 52 

may raise money, 53 

powers of united districts, 52 
qualifications of scholars in, 52 
branches to be taught in, 53 
what portion of school mon- 
ey applied to, 52 
teachers of, and qualifica- 
tions, 53 
act to be adopted by town, 53 
in Portsmouth, 59 
in Somcrsworth, 55 



INDEX. 



High Schools, other districts may 

adopt Somersworth act, 53 

districts with 100 scholars 
raay adopt, 54 

house lot, how laid out, 55 

Illegal Voting, penalty for, 18 

Institutes, Teachers', money voted 

for, ^ 65 

Land for school-house lot, 30 

district may purchase, 30 

how laid out, ' 31 

to revert to owner, when, 32 

Literary fund, how raised and dis- 
tributed, 40,41 
how applied by towns, 40 
penalty for misapplying, 41 
paid to prudential commit- 
tee, when, 40 

Meetings of School Districts, an- 
nual, how warned, 17 
special, how warned, 17 
for raising money, how 

warned, 17 

See School Meetings, 16 

Moderator of school meeting 

elected by plurality, 18 

to be sworn, 18 

powers and duties, 18 

Money, proportion of in case of 
united districts, 7 

to be assigned by selectmen, 39 
how to be expended, 39 

penalty for not assigning, 39 
penalty for not expending, 39 
proportion for high schools, 52 

Notice of school meeting, how 

proved, 23 

of hearing to appraise prop- 
erty, 9 
to dismiss committee, 27 
to locate school-house, 34 
to lay out school-house lot, 36 
to dismiss teacher, 48 
of petition to lay out school- 
house lot, form, 36 

Oath on return of warrant, 23 

Oath of office, form, 19 

record of, form, 19 



Oath of Office, by whom admin- 
istered and recorded, 18,19 
includes affirmation,- 19 

when record of insufficient, 19 
Officers of districts must be 

sworn, 18,19 

qualifications, 18 

tenure of office, 18 

Order annexing to district out of 
town, form, 15 

making (^strict in two 
towns, 16 

Ordinances concerning truant chil- 
dren, 57 

Petition to be annexed to district 
in another town, form, 14 

for new district in two towns, 

form, 14 

to dismiss prudential com- 
mittee, form, 27 
to change location of school- 
house, form, 33 
to lay put of school-house 

lot, form, 35 

to dismiss teacher, form, 48 
to selectmen to divide town 

into districts, form, 8 

to selectmen to appraise 

property, form, 9 

to prudential committee for 

special meeting, form, 24 
to selectmen for special 

meeting, form, 24 

to selectmen to fill vacancy, 
form, 26 

Pittsburg, toivn of exempt from 

division into districts, 14 
Plurality to elect moderator, 18 
Poor children to be furnished with 

books, 46 

Portsmouth exempt from general 

school law, 40 

high school act, 54,59 

act, other towns may adopt, 61 
Prudential Committee, how cho- 
sen and appointed, 18,19 
powers and duties as to dis- 
trict meetings, 17,18 
must be sworn, 19 
vacancies, how filled, 20 
powers and duties as to 
schools, 20 



INDEX. 



69 



Prudential Committee may be dis- 
missed after hearing, 20 
to make check-list, 21 
application for check-list, 21 
application to appoint, form, 26 
appointment, form, 26 
petition for dismissal of, 

form, 27 

notice on, form, 27 

how served, 28 

specification against, form, 27 
dismissal of, form, 28 

contracts by, bind district, 29 
school money to be paid to, 39 
district may require bonds 

of, 39 

may recover penalty of se- 
lectmen, 39 
penaltj^ for not expending 

money, 39 

may hire school-room, when,39 
to hire teachers, 20 

to repair school-houses, 20 
to notify superintending com- 
mittee, 20 
not to receive money until, 46 

Record of district to be made, 14 
of oath, when insufficient, 19 
of district meeting, form, 23 
of warrant for meeting, 18,23 
of votes, form, 24 

of certificate of votes, 23 

of oath, 19 

Removal for time, effect on taxes, 42 
of school-houses, selectmen 
not liable, when, 32 

Repairs of school-houses, law re- 
lating to, how construed, 31 
Report of board of education to 

be printed, 63 

how distributed, 63 

Report of Superintending Commit- 
tee, what it must contain, 63 
penalty for neglect to make, 63 
Residents only to send to school, 45 



ex- 



Scholars may be dismissed or 
pelled, 
may be restored, 
penalty for inten'upting 
school, 44 



44 
44 



Scholars, division of when more 

than 50, 44 

form of vote for, . 44 

attending school in other 
districts, 45 

School Commissioners. See Com- 
missioner's. 62 
School Districts, town to be di- 
vided into, 5,14 
how defined and altered, 6 
penalty for not districting, 6 
limited, article for, fonn, 7 
powers of, 6,12 
limited by selectmen, when, 6 
to be ratified by town, 8 
division of, application to 

selectmen, form, 8 ' 

by selectmen, form, 9 

must be territorial, 6 

property of, when and how 

divided, 6 

application for division of, 

form, 8 

for appraisal of, form, 9 

order of notice on, form, 9 
appraisal of, foim, 10 

how united, 7,13 

united duties of selectmen in, 12 
united to be separately or- 
ganized, 7 
union of, article for, form, 11 
vote, form, 11 
united, proceedings of, 13- 
taxes on, how assessed, 13 
inhabitants may be set off, 

when, 12 

inhabitants are witnesses, 11 
persons annexed to, where 

taxed, 13,14 

rights and privileges of, 13 
literary and school fund in, 14 
may build two school-houses,33 
proceedings relating to two 

school houses, 33,37 

may vote to raise money, 30,33 
to build, repair and ftu-nish 

school-houses, 30,33 

votes to raise money, when 

legal, 12 

record of, only evidence of 

vote, 12 

may purchase land, how 
much, 30 



70 



INDEX. 



/School Districts, powers as to 

school-houses, 30,36 

may legally cease to be, 38 
may take gifts of property, 41 
liable for teachers' wages, 41 
if certificate produced, 45 

officers of, what and how 

long, 18 

clerk of, powers and duties, 18 
vacancies, how filled, 20 

prudential committee, pow- 
ers and duties, 20 
how dismissed, 20 
prudential committee dis- 
missed after hearing, 20 
must be sworn, 19 
meetings, annual, how 

warned, 17 

special, how warned, 17 

if prud. com. neglect, 17 

who may vote in, 18 

may establish high schools, 51 
may adopt Somersworth act,53 
with 100 scholars powers of, b4 
are public corporations, 6 

boundaries of defined, 6 

division of by selectmen, 
illegal, when, ' 8 

School-Souses, districts may raise 

money to build, 30 

how erected, rejaaired and 

furnished, 30 

specific sum to be raised for, 37 
located by district, 30,33 

committee to locate, 30,33 
costs of location, who to 

pay, 31 

selectmen may locate, 31 

land for set oif, 31 

petition to change location, 

form, 33 

appointment of committee 

to locate, form, 34 

notice by committee, form, 34 
report on, form, 35 

return of laying out lot for, 

form, 35 

two may be built in one dis- 
trict, 33 
taxes, how raised, 32 
taxes, who liable to pay, 32 
when property is taxable, 32 
new invoice for, 32 



School-Houses, proceedings on, 32 
law relating to repairs on, 

how construed, 31 

how located if owner refuses 

to sell land, 31 

remedy of parties aggrieved 

by location of, 32,33 -| 

selectmen not liable for not 

removing, when, 32 

two or more built, how, 33 
in high school district, how 

located, 55 

School Master, who liable for 

wages of, 41 

School Meetings, warrant for by 

committee, 22 

service of warrant for, 22 

warrant for by selectmen, 25 
service of warrant for, 25 

record of, 25 

penalty for illegal voting at, 18 
moderator of, how chosen, 18 
School Money, towns may vote 

additional, 38 

how appropriated, 39 

to be assigned to districts, 39 
penalty for not expending, 39 
share of railroad tax added 

to, 41 

is not money of the town, 41 
when paid to the prudential 

committee, 46 

assigned to high schools, 52 
Schools, when kept, 39 

must be examined, 43,44 

residents alone to send to, 45 
high, 51 

in Portsmouth, 59 

other towns may adopt Ports- 
mouth act, 61 
agents of in Unincorporated 

places, 40 

books to be prescribed in, 45 
not to be sectarian, 45 

commissioners of, 62 

penalty for distm-bing, 44 

School Taxes, selectmen to assess, 38 
liability for on division of 

district, 42 

on removal from district, 42 
on ward's property, where 

assessed, 39 

School Teachers to be examined, 43 



INDEX. 



71 



School Teachers, masters' qualifi- 
cations, 45 
mistress' qualifications, 45 
to produce" certificates, 45 
not to be paid unless certifi- 
cate produced, 45 
removal of, 43 
forms relating to, 49 
duty to teach piety, &c., 47 
to make reports, 46 
penalty for neglect to make 
report, 46 
Selectmen to lay out school dis- 
tricts, 5,14 
not by vote merely, 8 
if town neglect, 6 
penalty for neglect to lay out, 6 
to form district in two towns, 1 2 
to annex to district out of 

town, 12 

to warn district meetings, 

when, 17 

to dismiss prudential com- 
mittee, 20 
to fill vacancies in district 

offices, 20 

to lay out school-house 

lots, 31,33 

to assess school tax, 38 

school-house tax, 38 

tax to pay for district prop- 
erty, 7 
to assign money to school 

districts, 39 

not liable for teachers' wa- 
ges, 41 
to build and repau* school- 
houses, 31,33 
duties of when persons are 

annexed to other districts, 14 
in united districts, 12 

to appraise damage, when, 32 
not liable for not removing 

school-house, 32 

to assess ward's property 

where he lives, 39 

to furnish poor children with 

books, 46 

to lay out high school-house 

lot, 55 

to be notified if no report 
made by committee, 63 



Selectmen to pay money for teach- 
ers' institutes to commis- 
sioner, 65 
Somersworth, school district No. 

3 in, 53 

act extended to other dis- 
tricts, 53 
districts with 100 scholars 
may adopt, 54 
Superintending Committee, elec- 
tion of, 43 
selectmen to appoint, 43 
to examine teachers, 43,44 
power to dismiss teachers, 43 
to prescribe books, 45 
to inspect schools, 43 
to examine scholars, 43 
to dismiss scholars, 44 
to make annual report, 46 
form of report, 50 
to make report to secretaiy 

of state, 46 

to be paid, when, 46 

appointment of, form, 43 

to furnish books to poor 

children, 46 

penalty for neglect to make 
report, 63 

Taxes, how assessed, 38 

on united districts, 13,16 

to equalize district property, 

how made, 7 

to build and repair school- 
houses, 30,33 
non-resident, how collected, 32 
how appropriated, 39 
erroneous assessment of 

may be revoked, 37 

vote to raise may "be rescind- 
ed, 37 
assessed is the money of the 

selectmen, 41 

assessed against voter re- 
moved from district, when, 42 
how apportioned when dis- 
trict divided, 42 
how assessed on new invoice,42 
on ward's property, where 

assessed, 39 

in high school districts paid 

to prud. committee, 55 

how raised, 55 



72 



INDEX. 



Teachers, qualifications of, 45 

may be dismissed, 43 

compensation of, 45 

not to be paid unless certifi- 
cate produced, 45 
to report to superintending 

committee, 46 

to inculcate morals, 47 

certificate of qualifications of,49 
character, 50 

order of dismissal of, • 49 
for unfitness, 49 

to procure certificate of qual- 
ifications, 45 
Teachers' Institutes, commission- 
ers to take charge of, 63 
money YOted for, 65 
how appropriated, 65 
Town Clerk to record report lo- 
cating school-house, 35 
return of school-house lot, 37 
Towns not divided, how consid- 
ered, 6 
may vote additional school 
money, 38 
. cannot dispense with exam- 
ination of schools, 44 
exempt from division into 

districts, 14 

power to make by-laws con- 
cerning truants, 57 
to appoint agents to carry 

into effect truant act, 57 
to raise money for teachers' 

institutes, 65 

not to receive literary fund 
unless report made, 63 



Treasurer of State to distribute 

literary fund, 40 

Truant Children, how furnished, 57 
to be committed to house of ' 
correction, when, 58 

fined, may give bond, 58 

fine may be remitted, 58 

act concerning adopted, 

how, 58 

takes efi'ect, when, 58 

Unincorporated places, school 

agents in, 40 

United districts, certificate of 

qualifications in, 45 

vacancies in, how filled, 12 

Vacancies in united districts, how 
filled, 12 

how filled, 20 

of clerk and prudential com- 
mittee, how filled, 20 
Voters, who are, 18 
penalty for illegal voting, 1 8 
Votes of school district to raise 
money, when legal, 37 
form of for division, 8 
record of, 25 
certificate of, 24 

Warrant for School Meeting by 

prudential committee, 22 

by selectmen, 25 

to be returned, when, 18 

form of service of, 22 

how recorded, 18,23 

form of record, 23 

Witnesses, inhabitants of school 

districts may be, 1 1 



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LIBRARY OF CONGRESS 



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